These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Cougar Stone accessible at https://cougarstone.com/.
By accessing and using this website, web page, client portal, or mobile application, including but not limited to any content, functionality and services offered on or through Cougar Stone website, web page, client portal, or mobile application, or our e-mails, texts, posts and other electronic messages (collectively, “Cougar Stone”), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Cougar Stone.
Cougar Stone and all of the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. We reserve the right to withdraw or amend Cougar Stone, and any service or material we provide on Cougar Stone, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of Cougar Stone is unavailable at any time or for any period.
Your permission to use and access Cougar Stone is the grant of a limited license, not a transfer of title, and your limited license to use or access Cougar Stone shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.
When using or accessing Cougar Stone, you may not:
In these Terms and Conditions of Use, your “Content” shall mean any audio, video, text, images or other material, including comments or feedback, you choose to post on or submit to us via this Website. With respect to your Content, by posting it in a way that is visible to the public, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it on Cougar Stone and in any and all media. Your Content must be your own and must not be infringing on any third party’s rights or violate any of the restrictions in the subsection below. We reserve the right to remove any of your Content from Cougar Stone at any time, and for any reason, without notice.
Without limiting the foregoing, you agree not to use, or permit to be used, any messaging capabilities or any services on Cougar Stone that permit text entry or the uploading or posting of audio, video or images to post, transmit or disseminate any:
Your permission to use and access Cougar Stone is the grant of a limited license, not a transfer of title, and your limited license to use or access Cougar Stone shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Cougar Stone will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Cougar Stone for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF COUGAR STONE OR ANY SERVICES OR ITEMS OBTAINED THROUGH COUGAR STONE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON COUGAR STONE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON COUGAR STONE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO COUGAR STONE.
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, COUGAR STONE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON COUGAR STONE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH COUGAR STONE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Use and your use of Cougar Stone, including, but not limited to, any use of our Cougar Stone’s content, services and products other than as expressly authorized in these Terms and Conditions of Use or your use of any information obtained from Cougar Stone.
The materials appearing on Cougar Stone could include technical, typographical, or photographic errors. We do not warrant that any of the materials on Cougar Stone are accurate, complete, or current. We may make changes to the materials contained on Cougar Stone at any time without notice. We do not, however, make any commitment to update the materials.
We have not reviewed all of the third-party websites linked to by Cougar Stone and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the third-party website. Navigation to and use of any such linked website is at the user’s own risk.
We may revise these Terms and Conditions of Use for Cougar Stone at any time without notice. By accessing or using Cougar Stone, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to the Cougar Stone shall be governed by the laws of the State in which we are headquartered without regard to its conflict of law provisions.
These Terms and Conditions of Use, our Privacy Policy and any other document we deem relevant constitute the sole and entire agreement between you and us with respect to Cougar Stone and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Cougar Stone.
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