The providers whose products and services are available on the Scabrou are independent contractors and not agents or employees of Scabrou. Scabrou is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You acknowledge and agree that you assume full responsibility for your use of the site and/or for use of the Scabrou membership, communications with third parties, and purchase and use of the products and services available through the Scabrou sites. You acknowledge and agree that any information you send or receive during your membership and/or use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge, recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither Scabrou nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (A) this site, or any other site or resource you access through a link from this site; (B) any action we take or fail to take as a result of communications you send to us; (C) your Scabrou membership; (D) any products or services made available or purchased through the Scabrou sites, including any damages or injury arising from any use of such products or services; (E) any delay or inability to use the site or any information, products or services advertised in or obtained through the site; (F) the modification, removal or deletion of any content submitted or posted on the site; or (G) any use of the site, whether based on contract, tort, strict liability or otherwise, even if Scabrou have been advised of the possibility of damages. it is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site or resource. this disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. you specifically acknowledge and agree that neither Scabrou nor its licensors, suppliers or third party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your remedy for any of the above claims or any dispute with Scabrou is to discontinue your use of the site. You and Scabrou agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
You will indemnify and hold harmless Scabrou from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Scabrou and such parties, and shall defend Scabrou and such parties against any and all claims arising out of (I) your breach of these Terms and Use; (II) your breach of the Terms of Service; (III) fraud you commit, or your intentional misconduct or gross negligence; or (IV) your violation of any applicable U.S. of foreign law or the rights of a third party. Scabrou will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Scabrou.
By use of the Site or sending emails to Scabrou, you are communicating with us at Scabrou electronically. You consent to receive electronically any communications related to your use of this Site. Scabrou will then communicate with you by email or by posting notices on the Site. You agree that all notices, agreements, disclosures and communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Scabrou intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Scabrou Sites.
Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Scabrou immediately. Scabrou may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.
Trademarks, copyrights, logos and service marks (“Marks”) displayed on the Site are the property of Scabrou or its licencors or content providers, or other parties. Trademarks, copyrights, logos and service marks (“Marks”) of displayed company profiles on the Site are the property of the owning company/companies. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Scabrou or Published profiles and companies and such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Scabrou’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Scabrou’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.