Terms of Use

You acknowledge and agree your breach of these Terms or our other rules, guidelines, or policies may cause us immediate and irreparable harm and damage. Therefore, notwithstanding any other provision of these Terms to the contrary or other applicable legal requirements, we have the right to, and may in our sole discretion, immediately obtain preliminary injunctive relief and seek permanent injunctive relief without showing or proving any actual damage sustained, or posting a bond, to prevent or cure any breach by you of these Terms or our other rules, guidelines, or policies. Our rights and remedies under these Terms are cumulative, and our exercise of any right or remedy does not and will not preclude our exercise of any other rights or remedies that may now or subsequently exist at law or in equity or by statute or otherwise. In the event of any breach of these Terms by us, you agree your sole remedy with respect to such breach will be an action at law for damages, if any, and that in no event will you be entitled to enjoin, interfere, or inhibit (or seek to enjoin, interfere, or inhibit) the Service.

We may, in our sole discretion, at any time and without notice or liability to you or any third party, restrict, suspend, or terminate your access to the Service, without prejudice to any other remedies available to us at law or in equity, if we believe your use of the Service (a) violates these Terms or our other rules, guidelines, and policies; (b) infringes the rights of any person or entity (including intellectual property rights); (c) gives rise to other legal liabilities; (d) is harmful to us or others; or (e) if we are required to do so pursuant to bona fide legal requirement or court order.

WE MAKE EVERY ATTEMPT TO KEEP THE SERVICE SECURE AND FUNCTIONING PROPERLY; HOWEVER, YOU ACKNOWLEDGE AND AGREE THE SERVICE IS PROVIDED TO YOU AND ALL USERS “AS-IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ADESSO NETWORK AND ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, AND CONTRACTORS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE (INCLUDING ALL RELATED CONTENT, FEATURES, PRODUCTS, AND SERVICES), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF OR REGARDING: (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) THE QUALITY, TRUTH, ACCURACY, EFFECTIVENESS, OR COMPLETENESS OF ANY CONTENT POSTED, DISPLAYED, PERFORMED, TRANSMITTED, COMMUNICATED, OR OTHERWISE DISTRIBUTED ON, VIA, OR IN CONNECTION WITH THE SERVICE; (D) THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE, INCLUDING ACCESS TO OR USE OF THE SERVICE AT PARTICULAR TIMES OR LOCATIONS OF YOUR CHOOSING; (E) THE NON-INFRINGEMENT OF THIRD-PARTY PROPRIETARY RIGHTS; AND (F) ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE DO NOT WARRANT OR GUARANTEE: (A) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS; (B) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; (C) THAT THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE; (D) THAT THE SERVICE WILL CONTINUE TO BE MADE AVAILABLE; OR (E) THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR OBJECTIVES OR ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

YOU ACKNOWLEDGE AND AGREE THE SERVICE IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES LOCATED IN THE UNITED STATES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY OTHER LOCATION OR JURISDICTION. ANY USER THAT ACCESSES OR USES THE SERVICE FROM ANY LOCATION OUTSIDE OF THE UNITED STATES DOES SO AT THEIR SOLE RISK AND REMAINS SOLELY AND ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS AND REGULATIONS.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH STATES OR JURISDICTIONS SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ADESSO NETWORK, ITS AFFILIATES, OR THE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, AND CONTRACTORS OF ANY OF THE FOREGOING BE LIABLE TO YOU, AND YOU AGREE NOT TO HOLD US OR ANY OF THE FOREGOING PARTIES RESPONSIBLE FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, OR ANY OTHER DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, AND SPECIFICALLY (A) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND ANY PERSONAL, FINANCIAL, OR USER INFORMATION STORED ON SUCH SERVERS; (B) THE QUALITY, ACCURACY, EFFECTIVENESS, OR COMPLETENESS OF CONTENT POSTED, TRANSMITTED, COMMUNICATED, OR OTHERWISE DISTRIBUTED ON OR VIA THE SERVICE; (C) ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE, OR TERMINATION OF THE SERVICE OR ANY PARTICULAR CONTENT; (D) ANY VIRUSES, TROJAN HORSES, OTHER MALICIOUS SOFTWARE OR HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED TO, THROUGH, OR IN CONNECTION WITH THE SERVICE; (F) ANY SUSPENSION, RESTRICTION, OR TERMINATION OF YOUR ACCESS TO THE SERVICE; (G) ANY ACTION OR INACTION TO PREVENT, RESTRICT, REDRESS, OR REGULATE ANY CONTENT, OR TO IMPLEMENT OTHER ENFORCEMENT MEASURES AGAINST ANY PARTICULAR USER, OR ANY USER’S VIOLATION OF THESE TERMS OR OUR OTHER RULES, GUIDELINES, AND POLICIES; (H) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY PERSON OR ENTITY; AND (I) ANY ACTS OR OMISSIONS CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, WHETHER ANY OF THE FOREGOING DAMAGES OR LOSSES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE AMOUNT OF FEES, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AND WE AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU MUST FILE ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO THE SERVICE OR THE SUBJECT MATTER OF THESE TERMS WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OTHERWISE SUCH CLAIM OR ACTION WILL BE PERMANENTLY BARRED.

We will not be liable to you for any loss or damage arising out of or relating to any delay or failure to perform under these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond our reasonable control and without our negligence, including, but not limited to: (a) any fire, flood, earthquake, or other natural disaster; (b) war, riot, or order of governmental authority; (c) labor dispute or any order, regulation, ruling, or action of any labor union or association affecting us or the industry in which we are engaged; (d) delay in the delivery of materials and supplies or the general unavailability of materials and supplies; (e) casualty, accident, illness, epidemic, pandemic, or incapacity; (f) power failure, failure of computer systems or other equipment, or other Internet, network, or communications outages, interruptions, or disturbances; or (g) any other cause which prevents us from performing under these Terms.

We are under no obligation to monitor any content on the Service for unlawful or unauthorized content. However, we respect and seek to preserve the copyright and proprietary interests of others. Accordingly, if you believe any content on the Service infringes your copyrights, then you may submit a written notification to us in accordance with the Digital Millennium Copyright Act ("DMCA") that includes the following (see 17 U.S.C. § 512(c)(3) for additional details): (a) your signature (either physical or electronic) or that of a person under penalty of perjury authorized to act on your behalf; (b) clear identification of the copyrighted work allegedly infringed; (c) clear identification of the content that is allegedly infringing your copyrights and information reasonably sufficient to permit us to locate the content; (d) information reasonably sufficient to permit us to contact you (e.g., name, address, telephone number, and email address); (e) a statement by you that the use of the content in the manner complained of is not authorized by you or permitted under applicable law; and (f) a statement by you that the information in your notification is accurate in all material respects. If you fail to comply with the foregoing requirements, your DMCA notice may not be valid. Any notices of claimed infringement should be sent to our Copyright Agent at [email protected]. For the avoidance of doubt, only DMCA notices should be sent to the Copyright Agent. All other feedback, inquiries, or other communications should be directed to us at: [email protected].

If you believe any trademark or service mark owned or controlled by you is being infringed by the Service, please contact our Trademark Agent at [email protected] and include the following: (a) your signature (either physical or electronic) or that of a person under penalty of perjury authorized to act on your behalf; (b) clear identification of the mark allegedly infringed, and if the mark is registered, provide the registration number and country of registration; (c) clear identification of the mark that is allegedly infringing and information reasonably sufficient to permit us to locate the mark; (d) information reasonably sufficient to permit us to contact you (e.g., name, address, telephone number, and email address); (e) a statement by you that the use of the mark in the manner complained of is not authorized by you or permitted under applicable law; and (f) a statement by you that the information in your notification is accurate in all material respects.

Please report any problems, offensive content, or violations of these Terms or our other rules, guidelines, and policies to: [email protected]. User feedback is very important to us. We may, from time to time, solicit your feedback, comments, ideas, and suggestions about the Service. Any such communications may be sent to us at: [email protected]. Please note that by doing so, you grant us permission to disclose such contributions on a non-confidential basis and to use such contributions without further notice or compensation to you. By sending such contributions you grant us an irrevocable, perpetual, royalty-free, sublicensable, worldwide license of all intellectual property and other rights comprising such contributions, and you waive any claim against us based on moral rights, breach of implied contract, unfair competition, breach of confidentiality, or any other legal theory. We are under no obligation to respond to you in connection with any feedback, comments, ideas, or suggestions you may provide. You will at all times remain responsible for the content of any such contributions you provide to us.

If these Terms are translated into any language other than English, you acknowledge and agree such translation is an accommodation for convenience only, and in the event of any dispute arising out of or relating to these Terms, the English version shall govern and control.

These Terms, along with any other legal notices published by us on the Service, constitute the entire agreement between you and us relating to the subject matter of these Terms, and supersede any prior agreements, written or oral, between you and us relating to the subject matter of these Terms. You acknowledge and agree the Service along with these Terms and our other rules, guidelines, and policies will be governed by and construed in accordance with federal law and, to the extent not preempted by federal law, the internal substantive laws of the State of Georgia, USA, without regard to its conflict of laws principles. The Service will be deemed a passive service that does not give rise to any personal jurisdiction over us, either specific or general, in any state other than the State of Georgia, USA. You agree that exclusive jurisdiction over any claim or dispute with us arising out of or relating to these Terms or your access to or use of (or inability to use) the Service will be decided in the federal and state courts located in Fulton County, Georgia, USA. You agree to not plead that Fulton County, Georgia, USA is an inconvenient forum in connection with any such claim or dispute. If any provision contained in these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, then the invalidity or unenforceability of such provision will not affect the validity or enforceability of the remaining provisions of these Terms, all of which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right under these Terms will not constitute a waiver of such right. No agency, partnership, joint venture, employment, or franchise relationship is intended to be or is created by these Terms. You acknowledge and agree these Terms will survive any termination of your right to use the Service. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities under these Terms to any third party. Any such attempted assignment or delegation will not be recognized by us unless consented to by us in writing, which consent may be granted or withheld by us in our sole discretion. We may, at any time and in our sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.