Welcome to Durable Programming. These Terms of Use (“Terms”) govern your access to and use of the Durable Programming website and any associated services, applications, or platforms (collectively, the “Services”) provided by Durable Programming LLC, its affiliates, and subsidiaries (collectively, “Durable Programming,” “we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
ACCEPTANCE OF TERMS
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms and agree to be bound by these Terms on behalf of such entity.
MODIFICATIONS TO TERMS
We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms at any time without prior notice. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
INTELLECTUAL PROPERTY RIGHTS
The Services and all content and materials included on the Services, including but not limited to text, graphics, logos, images, software, and compilations, are the property of Durable Programming or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
USER RESPONSIBILITIES AND CONDUCT
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, “Content”) that you submit, post, or display on or via the Services.
You agree not to use the Services to:
a. Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
d. Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
e. Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
f. Upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
g. Upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
h. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
i. Intentionally or unintentionally violate any applicable local, state, national, or international law;
j. “Stalk” or otherwise harass another user; or
k. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
LIMITATION OF LIABILITY
In no event shall Durable Programming, its affiliates, directors, employees, agents, suppliers, or licensors 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 Durable Programming has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Services; or (e) any other matter relating to the Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Durable Programming, its affiliates, directors, employees, agents, suppliers, and licensors from and against any claims, actions, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation; (e) any claim or damages that arise as a result of any of your Content or any Content that is submitted via your account; or (f) any other party’s access and use of the Services with your unique username, password, or other appropriate security code.
TERMINATION
We may terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed only in the state or federal courts located in New Hampshire, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
MISCELLANEOUS
These Terms constitute the entire agreement between you and Durable Programming regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, please contact us at [email protected].
Last updated: 2024-08-08
