Agreement. Use of Organic Voices’ web properties, as well as any related content, regardless of media, is subject to the terms, conditions, and disclaimers set forth below and to all applicable laws and regulations. Organic Voices reserves the right to modify these disclaimers, terms, and conditions of access without advance notice. This agreement constitutes a binding contract between Organic Voices and you, the user. By accessing one of Organic Voices’ web properties, you hereby accept this User Agreement in full. As a material condition of such use, you warrant that you are over the age of thirteen and that you have provided complete and accurate information in any communication with Organic Voices.
Personal Use. Organic Voices’ web properties are provided solely for your personal, non-commercial use. They are meant to help consumers make informed choices and decisions. You may not develop or derive for commercial sale, or any other use, any data in machine-readable or other form that incorporates or uses any substantial part of Organic Voices’ web properties, nor transfer to or store any data residing or exchanged over Organic Voices’ web properties in any electronic network for use by more than one user, unless you obtain prior written permission from Organic Voices. Specifically, unless explicitly authorized in these terms and conditions, or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from Organic Voices’ web properties.
Copyright. Organic Voices’ web properties, and all other text and images contained in Organic Voices’ products, are protected by United States trademark and copyright law and/or other applicable law, and are the property of Organic Voices, except as otherwise identified. All copyrights and trademarks not the property of Organic Voices that are used or referred to in Organic Voices’ web properties and other products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent, or other property of Organic Voices or any third-party, whether by implication, laches, estoppel or explicit grant.
Risk Warning By accessing Organic Voices’ web properties, you acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through Organic Voices’ web properties is at your sole risk. Organic Voices reserves the right, in its sole discretion and without notice, to correct any errors, omissions, or publish any update in any portion of Organic Voices’ web properties. You acknowledge and agree that Organic Voices is not responsible for any materials posted by other users of Organic Voices’ web properties.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Organic Voices from and against any and all liability and costs incurred by Organic Voices in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties, or obligations set forth in this User Agreement. You shall cooperate as fully as reasonably required in the defense of any claim.
Accuracy. Organic Voices has worked to ensure the accuracy of the information it provides through its products and services, including through Organic Voices’ web properties. Statements that appear on Organic Voices’ web properties, including statements regarding the nature of any products, the process of production of any products, or any other attributes of any products, reflect Organic Voices’ research at the time of publication. Accordingly, Organic Voices cannot guarantee the accuracy of the information provided or any analysis based thereon.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF ORGANIC VOICES’ ONLINE CONTENT AND SERVICES, INCLUDING ORGANIC VOICES’ WEB PROPERTIES, IS AT YOUR SOLE RISK. ORGANIC VOICES’ CONTENT IS PROVIDED ON AN ‘AS IS’ BASIS AND ORGANIC VOICES MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ORGANIC VOICES DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NO ADVICE, OPINION, OR OTHER INFORMATION OBTAINED THROUGH ORGANIC VOICES’ WEB PROPERTIES, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM ORGANIC VOICES NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS OTHERWISE STATED, ORGANIC VOICES MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ORGANIC VOICES’ WEB PROPERTIES, OR ANY WEBSITE LINKED TO BY ORGANIC VOICES’ WEB PROPERTIES.
ORGANIC VOICES AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER ORGANIC VOICES WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, ORGANIC VOICES’ LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.
Fee-Shifting, Choice of Law. If you attempt to bring any legal action against Organic Voices based in any way on its products or services, including Organic Voices’ web properties, you agree that, in the event you do not prevail or Organic Voices does prevail, you will reimburse Organic Voices for any costs and attorneys fees associated with Organic Voices’ defense of the action. The use of Organic Voices’ web properties and any claim or dispute relating to Organic Voices’ web properties shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Use of Organic Voices’ web properties is unauthorized in any jurisdiction that does not give full effect to all provisions of these terms of service, including without limitation this paragraph. If any provision or portion of these terms and conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire User Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.