Attn: Legal Department
2053 Thunderhead Road
Knoxville, TN 37922
Intellectual Property – Customer acknowledges that Slamdot owns all right, title and interest in and to the Slamdot Services, including without limitation all intellectual property rights (“Slamdot Rights”), and such Slamdot Rights are protected by U.S. and international intellectual property laws. The Slamdot Rights include rights to: (a) the Slamdot Services developed and provided by Slamdot and all trademarks and other intellectual property associated therewith; and (b) all software associated with the Slamdot Services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Slamdot Services or any content placed on the Slamdot Services by Slamdot or any third party.
Disclaimer of Warranties – Slamdot does not monitor or control content sent through its facilities. Customer acknowledges and agrees that all use of the Services and information obtained through use of Services is at customer’s sole risk. Customer is solely responsible for any damage to Customer’s computer system or other device or loss of data that results from the use of Services.
Customer acknowledge that the Services are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Slamdot is not responsible for and hereby expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
No advice or information, whether oral or written, provided to Customer by Slamdot or through or from the Services shall create any warranty.
Slamdot does not warrant that (1) the Services will meet your requirements, (2) the Services will be uninterrupted, timely, secure or error-free, (3) the results may be obtained from the use of the Services will be accurate or reliable, (4) the quality of any products, services, information or other material purchased or obtained by Customer through the Services will meet your expectations, and (5) any errors in the Services will be corrected.
Slamdot shall not be responsible for any delays, errors, loss of data, failure to perform, interruptions or disruptions in the Services caused by or resulting from acts of God, acts of third parties, omissions or conditions beyond Slamdot’s reasonable control.
Limitation of Liability – You expressly understand and agree that Slamdot shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Slamdot has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
Notwithstanding anything else in the Agreement to the contrary, the maximum aggregate liability of Slamdot and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, and in such jurisdictions, Slamdot’s liability shall be limited to the greatest extent permitted by law.
Indemnification – Customer agrees to defend, indemnify, save and hold Slamdot, its directors, investors, employees, officers, attorneys, agents, affiliates, sponsors, subsidiaries, advertisers, partners and co-branders and their respective officers and employees harmless from and against any and all liabilities, causes of action, lawsuits, penalties, obligations, losses, damages, fines, punitive damages, amounts in interest, claims, demands, expenses and disbursements of any kind and natures whatsoever, including reasonable attorneys’ fees and court costs, (“Liabilities”) asserted against Slamdot, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify, save and hold harmless Slamdot against Liabilities arising out of:
Slamdot shall be the sole judge of what violates this Policy. The customer agrees to limit the liability of Slamdot to the amount paid for service.
Governing Law and Choice of Venue – The Terms of Service and the relationship between you and Slamdot shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Knox, Tennessee.
Survival – All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive.
Severability – In the event that any provision of this agreement is deemed invalid or unenforceable in court, such invalidity and unenforceability shall not affect the validity of any other provisions of the agreement, and such invalid provision will be considered severed from the agreement. However, if the court finds that limiting such an invalid provision would make it valid and enforceable, then such provision shall be deemed to be written, interpreted and enforced as so limited. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision.
Cancellation – Customer may cancel his account at any time via the Slamdot website. The cancellation will take effect immediately and the Customer’s account will be immediately removed. All accounts must be paid in full before cancellation can be completed.
Termination/Suspension – Slamdot may suspend Services to Customer without notice and without liability at any time for any reason, including, but not limited to, (1) violations of the Agreement, (2) failure of Customer to cooperate with any reasonable investigation of any suspected violation of the Agreement, (3) as necessary to protect its network and its other customers, (4) default on payment, or (5) as requested by a law enforcement or regulatory agency.
Slamdot may terminate this Agreement prior to expiration of the term without notice and without reason at any time for any reason, including, but not limited to, (1) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement, (2) material violations of any other provision of the Agreement and failure to remedy the violation within thirty (30) days of a written notice from Slamdot describing the violation, or (3) upon one (1) days notice if Customer’s Service is used in violation of a material term of the Agreement more than once.
No Waiver – The failure of Slamdot to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
No Agency – No part of this Agreement shall be interpreted as creating any agency, partnership or other form of joint enterprise between you and Slamdot.
Force Majeure – Slamdot shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Slamdot’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Notices – Notices to Customer shall be given via email. Notices to Slamdot under the Agreement shall be given via postal mail to Slamdot, Inc, 2053 Thunderhead Road, Knoxville, TN 37922. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. You agree that Slamdot may provide you with notices, including those regarding changes to the Agreement, by email, postal mail or via the Slamdot web site.
Assignment – Customer may not transfer or assign this Agreement or your rights hereunder, without the express written consent of Slamdot. Slamdot may assign all or part of its rights, benefits, interest, obligations and liabilities in connection with all or parts of the Agreement to any party.
No third party beneficiaries – Customer agrees that there shall be no third party beneficiaries to this agreement.