General Use Restrictions.
SizeUp provides content and services through the Sites. Certain information, documents, products and services provided on and through the Sites, including content, logos, graphics and images (together, the “Materials”) are provided to you by SizeUp and are the proprietary, copyrighted and/or trademarked work of SizeUp or SizeUp’s licensors. SizeUp grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use. You agree Materials provided through the Sites and SizeUp’s services are for your own internal use and not for resale or redistribution in any manner, including online. You will not collect or use information gathered from the Sites for advertising or marketing purposes or for credit granting purposes.
Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Sites, any Materials.
Password Restricted Areas of the Sites.
You may need a password to login to the Sites and/or to use certain functions and areas within the Sites. You are responsible for maintaining the confidentiality of your password and account, and agree to notify SizeUp if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify SizeUp of any unauthorized use of your account or any other breach of security in relation to the Sites known to you.
Third Party Content.
Certain information and other content may be provided by third party licensors and suppliers to SizeUp (“Third Party Content”). The Third Party Content is, in each case, the proprietary, copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. SIZEUP DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites.
The Sites may be linked to other sites that are not SizeUp sites. SizeUp is providing these links to you only as a convenience, and SizeUp is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Any unauthorized use of any Materials or Third Party Content contained on the Sites may violate certain laws and regulations. You agree to indemnify and hold SizeUp and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) SizeUp or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Sites or the use of the Sites by any person using your user name and/or password (including without limitation, or your participation in posting areas, if any, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
SizeUp is a trademark of SizeUp. Other trademarks, names and logos on the Sites are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Sites, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SizeUp (SIZEUP, Copyright © 2011-2018 SIZEUP). All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Copyright and Trademark Infringements.
SizeUp respects the intellectual property rights of others, and we ask you to do the same. SizeUp may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites, please provide SizeUp’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites, and information reasonably sufficient to permit SizeUp to locate the material.
- Information reasonably sufficient to permit SizeUp to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SizeUp’s agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
600 Congress Ave Floor 14
Austin, TX 78701
By e mail
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of Warranties.
Your use of the Sites and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by SizeUp, and they may include inaccuracies or typographical or other errors. SizeUp does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. SizeUp has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by SizeUp or our licensors. It is your responsibility to independently investigate the accuracy and completeness, of the Materials and/or Third Party Content on this Site and to determine to your satisfaction the suitability of the property for your needs. Any projections, opinions, assumptions or estimates used are for example only and do not represent the current or future performance of any property.
SIZEUP, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE SERVICES, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPREHENSIVENESS, ADEQUACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES IS PROVIDED TO YOU ON AN AS IS, AS AVAILABLE AND WHERE-IS BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SIZEUP DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
Local Laws; Export Control.
SizeUp controls and operates the Sites from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use the Sites outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, SizeUp may terminate and/or suspend your access to the Sites without notice. SizeUp prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by SizeUp, may result in immediate termination of your access to this Site. SizeUp has the right to terminate any account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SizeUp’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and SizeUp and supersede all prior or contemporaneous negotiations, discussions or agreements between you and SizeUp about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.