Anchore Terms of Service
Last updated: July 16, 2021
1. Acceptance of Terms and Conditions
These Terms and Conditions may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms and Conditions on the Site. You can determine when we last updated these Terms and Conditions by referring to the “Last Updated” legend at the bottom of these Terms and Conditions. By Using the Site following the posting of changes to these Terms and Conditions, you accept such changes. You agree to Use the Site for lawful purposes only in a manner consistent with any and all applicable rules, laws and regulations. Any Use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized in all respects and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site, including without limitation immediately prior to each and every Use thereof, to review these Terms and Conditions.
2. Site Content
All right, title, and interest, including without limitation all patent, trademark, copyright, trade secret, and other intellectual property rights, in and to the Site and all material on the Site or contained therein, all text, graphics, and other works of authorship on the Site, the Site’s design and coding, all computer programs and related software, computer code, applications, databases, data, and documentation accessed and/or Used in connection with the Site (collectively, “Software”), the look and feel of the Site, and all data and reports generated by the Site (all the foregoing, collectively, the “Site Content”) are owned by us or a third party. These materials are protected under copyright, trademark and other intellectual property and other laws. You may not copy, download, transmit, modify, distribute or republish the Site or any portion of the Site, including without limitation any of the Site Content without the prior written consent of Company. You may not sell, lease, publicly display, create derivative works or compilations of, modify, reverse engineer, assign, sublicense, transfer or otherwise exploit the Site or any Site Content. Use of any Site Content is prohibited without Company’s prior written consent. Subject to, and only for as long as you comply with, these Terms and Conditions, Company grants you a personal, non-exclusive, non-transferable, non-sublicensable right to access and make personal, non-commercial Use of the Site and Site Content in compliance with these Terms and Conditions. You shall not, and shall not permit anyone else to, directly or indirectly: (i) remove or alter proprietary notices or labels on or in the Site or Site Content; (ii) engage in any activity that interferes with or disrupts the Site or Site Content; (iii) engage in any fraudulent activity or activity that facilitates fraud; or (iv) otherwise act in violation of these Terms and Conditions. All rights not expressly granted herein are reserved to Company
3. Company Trademarks
All product and service names and other terms, logos, or symbols used as source indicators for goods and/or services of Company or its subsidiaries or affiliates, including without limitation the term “ANCHORE”, or a third party, as the case may be, are registered or unregistered trademarks or service marks owned by the applicable entity (collectively, “Marks”). The absence of a name, trademark or logo in this list does not constitute a waiver of any or all intellectual property rights that Company has established in any of its goods, services, or Marks. All Marks used in connection with the Site are, and shall at all times remain, the sole and exclusive property of Company or third parties, as the case may be. Nothing contained on the Site or in these Terms and Conditions shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Company or such third party that may own such Mark. Your misuse or unauthorized use of any such Mark, or any other Site Content, or proprietary notices, legends, or designations associated therewith, is strictly prohibited.
4. Account Registration
To the extent that the Site requires or otherwise provides for account registration, each such account registration is for a single user only. For purposes of any such registration and in consideration of your Use of the Site, you agree to provide accurate, current and complete information about yourself or your affiliated company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your email address) that you provide from time to time as necessary to keep the information true, accurate, current and complete. By accepting these Terms and Conditions, you represent and warrant that you are 18 years of age or spander and that, if you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.
Any changes to your registration information should be made on the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future Use of the Site.
After you register on the Site, you may receive a password for your use of the Site. You are responsible for keeping your password confidential. You will be responsible for all Uses and activity that occurs through your password or account. You will close the browser window for the Site at the end of each such Use, and you will immediately notify us of any unauthorized use of your password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4 (Account Registration).
5. Legal Requirements
6. Your Use of the Site/User Content
You are solely responsible and liable for all data, information, and other materials that you submit, upload, post, e-mail or otherwise transmit (collectively, “Transmit”) in connection with the Site (collectively, “User Content”). In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
You represent, warrant, and covenant to us that you will not, and will not permit anyone else to, directly or indirectly: (i) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (ii) Use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personal information, including email addresses, about other users of the Site; (iii) Transmit any User Content that (a) you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (b) infringes, misappropriates or otherwise violates any patent, copyright, trademark, trade secret, or other intellectual property right or any right of privacy or publicity of any third-party; (c) constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (d) contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (iv) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site; (v) interfere with the Site or servers or networks used in connection with the Site; (vi) interfere with the ability of others to Use the Site; (vii) copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish, create derivative works or compilations of, reverse engineer, assign, transfer or exploit for any commercial purposes, any portion of the Site, the Site Content or any User Content contained therein; (vii) conduct your business Using the Site, including without limitation in any manner that is unfair, unlawful, or constitutes a deceptive business practice; (ix) use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Company’s prior written permission; (x) include in any thirty party website any hypertext link to any page or location within the Site without Company’s prior written permission; (xi) mirror or display the Site or any portion thereof in frames without Company’s prior written permission; or (xii) impersonate any person or entity, including, but not limited to, other users of the Site, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make.
Company does not and cannot review all User Content posted to the Site, or created by users accessing the Site, and is not in any manner responsible for the content or any other aspect of any User Content. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Site. However, Company reserves the right to block, remove, move or edit any of the submissions in its sole discretion.
You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms and Conditions; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Company, its customers or the public. As between you and Company, Company owns all right, title, and interest in and to all intellectual property rights in all materials, products or services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how and expertise relating to such information.
All right, title, and interest, including without limitation all intellectual property rights, in and to any and all ideas, suggestions, comments, or other feedback, whether or not solicited by Company, that you provide in connection with any Use of the Site is and shall remain the sole and exclusive property of Company, and you are not and shall not be entitled to any compensation or remuneration from Company in connection therewith.
7. Linked Sites
Company has not reviewed the websites linked to the Site and is not responsible for the content of any third-party pages or any other websites linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement by Company of any products, services, information, or other aspect of any other individuals or entities. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions on or relating to such other websites. Company reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Company. Company has no control over these linked websites and makes no representations or warranties with respect to these linked websites. Your viewing and use of any third party websites is at your sole discretion and risk.
8. Special Admonitions for International Use
10. Site Availability and Features
Availability and features of the Site are subject to change without notice. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time.
You acknowledge and agree that Company may terminate your right to Use, and your Use, of the Site for any reason, including, without limitation, your violation of these Terms and Conditions. You agree that Company may terminate your right to Use, and your Use, of the Site without prior notice and without any liability or obligation to you or any third party. You acknowledge and agree that Company may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you. Company may also, from time to time, establish and implement general rules and policies regarding Use of the Site. Company will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your right to Use, Use, and/or continued right to Use and Use of the Site. Company shall have no liability or responsibility with respect to any lost Site Content, User Content, or other data, such as the deletion of or failure to store Site Content, User Content, or other data. All provisions of these Terms and Conditions that by their nature should survive termination of your right to Use the Site shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses). Company reserves the right, but has no obligation, to store or keep copies of any Site Content, User Content, or other information, unless otherwise required by law or court order.
12. Disclaimers and Limitation of Liability
COMPANY IS PROVIDING THE SITE AND ALL SITE CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE. COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER OR THAT ANY SUCH ERRORS WILL BE CORRECTED. COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF THE SITE. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF THE SITE, AND COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
YOU ASSUME ALL, AND IN NO EVENT DO WE ASSUME ANY, RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SITE CONTENT. ANY SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR COMPUTER SYSTEMS OR NETWORKS OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM YOUR ACCESS TO AND USE OF THE SITE AND ANY SITE CONTENT.
IN NO EVENT SHALL COMPANY OR ITS SUBSIDIARIES OR AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (1) THE USE OF OR INABILITY TO USE THE SITE, ANY SERVICES, OR THE USER CONTENT; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY SERVICES AND/OR USER CONTENT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE SITE, ANY SERVICES, OR THE USER CONTENT. YOU SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF COMPANY AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE SITE. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
13. Governing Law and Jurisdiction
These Terms and Conditions and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement, shall be governed by the laws of the State of California, U.S.A. without reference to any conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in California, shall not apply. The exclusive forum for the resolution of any dispute relating to these Terms and Conditions shall be the state and federal courts in California, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and Conditions and agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.
All notices, demands, or consents given by you under these Terms and Conditions will be in writing and will be deemed given when delivered to Company at the following contact: [email protected].
Any notices to you may be made via either email or postal mail to the address in Company’s records or via positing on the Site.
Please report any violations of these Terms and Conditions to Company at the contact listed above.
You may not assign, sublicense or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect. No action arising under these Terms and Conditions may be brought at any time more than twelve (12) months after occurrence of the facts upon which the cause of action arose. These Terms and Conditions, and not the conduct between you and us or any trade practice, shall control the interpretation of these Terms and Conditions as relates to any Use of the Site. Company’s failure to enforce a particular provision of these Terms and Conditions does not mean that Company waives the right to enforce it in the future; Company shall waive such a right, if at all, only in writing.
These Terms and Conditions and all other written agreements duly executed between you and Company in connection with your Use of the Site constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made.
16. Procedure for Making Claims of Copyright Infringement
We expect you and all other users of the Site to respect our intellectual property rights and such rights of others. If you believe in good faith that any of the content on the Site infringes your copyright rights, please provide our copyright agent the written information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Company’s copyright agent for notice of claims of copyright infringement can be reached at [email protected]
If you wish to reach our designated agent through mail, you can contact:
Attn.: Copyright Agent
800 Presidio Ave, Ste B
Santa Barbara, California 93101