Our website available at 33degrees.co (the “Website”) is provided to you by 33 Degrees (“33 Degrees,” “we,” “us” or “our”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE OUR WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OUR WEBSITE.
SCOPE OF THESE TERMS.
These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and us. By accessing and using our Website, you acknowledge and agree to be legally bound by these Terms. In addition, for certain activities on the Website, we may further confirm your consent by asking you to click an “I accept” or similar button. If you do not agree with these Terms, please refrain from using our Website.
OBTAINING A PASSWORD; USE OF YOUR PASSWORD.
If you obtain a username and password from us, please keep in mind that we will treat anyone who uses your username and password as “you”. We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for user activities associated with your username and password. We therefore recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to your use of our Website. Please notify us immediately if you suspect that someone is using your username and password in an inappropriate manner.
GRANT OF RIGHTS TO USERS.
Based on your agreement to comply with these Terms, we grant you the right to access and use all publicly available and, if expressly authorized, password-protected areas of our Website, Website Content (as defined below), and Services in order to: (i) learn more about 33 Degrees and our services; (ii) provide information to us through our Website; (iii) download and print pages on our Website; and (iv) access Services available through the Website (collectively, the “General Permitted Purposes”). We strictly prohibit use of the Website, Website Content, and Services for any purpose other than the General Permitted Purposes.
33 DEGREES OWNERSHIP; RESERVATION OF RIGHTS.
All information, software, artwork, trademarks, text, video, audio, pictures, logos, and other content on the Website or embodied in our Services, including all associated intellectual property rights (collectively, the “Website Content”), are the property of 33 Degrees and its licensors, are protected by U.S. and international copyright and other intellectual property laws, or are used under principles of fair use. 33 Degrees and its licensors retain all rights with respect to the Website, Website Content, and Services except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material available through the Website or Services unless specifically authorized in writing to do so by 33 Degrees. The term “Website Content” expressly excludes Submitted Content.
The term “Submitted Content” means information that you submit to our Website or otherwise make available to us, including, but not limited to: (i) feedback, comments, and suggestions you provide to us; (ii) questions or comments that you provide to us; (iii) images and audiovisual files that you provide to us; and (iv) any other information or materials you provide to us or post directly or indirectly on our Website.
GRANT OF RIGHTS IN SUBMITTED CONTENT.
REQUISITE PERMISSION FOR PROVIDING SUBMITTED CONTENT.
By providing Submitted Content, you represent and warrant that you own such Submitted Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right in and to the Submitted Content in order to provide the Use Rights.
SUBMITTED CONTENT CONTAINING PERSONAL INFORMATION.
RIGHT TO DECLINE SUBMITTED CONTENT.
CODE OF CONDUCT; REVOCATION OR SUSPENSION OF USE PRIVILEGES.
By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code of Conduct, you shall not:
– Use the Website or Services for purposes that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms.
– Use the Website in a manner that could disable, overburden, or impair the Website or Services or interfere with another party’s use and enjoyment of the Website and Services, such as through sending “spam.”
– Seek to obtain access to any Services, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Website or Services.
– Infringe 33 Degrees or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
LINKS TO THIRD PARTY WEBSITES.
SUBJECT TO SECTION 22 (Relationship to Lease Agreement), 33 DEGREES DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR WITHOUT INACCURACIES. THE WEBSITE, WEBSITE CONTENT, AND SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR WEBSITE CONTENT, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. 33 DEGREES DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES OR INACCURACIES.
SUBJECT TO SECTION 22 (Relationship to Lease Agreement), 33 DEGREES DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SERVICES, AND WEBSITE CONTENT IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY.
SUBJECT TO SECTION 22 (Relationship to Lease Agreement), UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL 33 DEGREES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE, WEBSITE CONTENT, OR WEBSITE SERVICES. IN NO EVENT SHALL 33 DEGREES’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, WEBSITE CONTENT, OR WEBSITE SERVICES RECEIVED FROM 33 DEGREES EXCEED U.S. $100.00.
You agree to defend, indemnify, and hold 33 Degrees and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violates rights held by a third party.
CONTACT FOR ALLEGED COPYRIGHT INFRINGEMENT.
We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Website or any other activity taking place on the Website constitutes infringement of a work protected by copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”) to respond to such concerns, as follows:
Attn: 33 Degrees
17470 N. Pacesetter Way
Scottsdale, AZ 85255
Phone: (480) 576-2272
Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.
MONITORING WEBSITE USE.
You agree that we have the right and discretion to monitor any activity and content associated with our Website, Website Content, and Services. We may investigate any reported violation of these Terms or complaints relating to the Website, Website Content, and Services, and may take any action that we believe is appropriate including, but not limited to, removing materials from the Website and terminating/suspending your access to the Website.
MODIFICATIONS TO THESE TERMS.
If we modify these Terms, then such modifications shall take effect proactively, upon your subsequent access to the Website. You may print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.
These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts, without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in, the state and federal courts sitting in the judicial district that includes Newton, Massachusetts. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
CLAIMS AGAINST OTHER USERS.
You agree that in the event that you have any right, claim, or action against visitors or other users of our Website arising out of that person’s use of the Website, then you will pursue such right, claim, or action independently of and without recourse to us.
These Terms may be translated into languages other than English (collectively, “Translations”). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.
In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Section 5 (33 Degrees Ownership; Reservation of Rights); (ii) Section 6 (Submitted Content); (iii) Section 9 (Warranty Disclaimer); (iv) Section 10 (Limitation of Liability); (v) Section 11 (Indemnity); (vi) Section 16 (General); (vii) Section 19 (Survival); and (viii) Section 22 (Relationship to Lease Agreement).
We welcome your feedback or suggestions. Please contact us using the contact information available at 33degrees.co. Please refer to Section 12 (Contact for Alleged Copyright Infringement) above if you wish to contact our DMCA agent about matters related to possible copyright infringement.
Certain portions of the Website and Services may be subject to additional or different terms and conditions. We will notify you if those portions of the Website or Services are subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in those portions of the Website or applicable Services if you do not agree with the differing terms and conditions.
RELATIONSHIP TO LEASE AGREEMENT.
If you have a current lease in effect with a 33 Degrees affiliate (a “Lease Agreement”), then these Terms do not supersede your Lease Agreement. In the event of a conflict or inconsistency between the terms and conditions of your Lease Agreement and these Terms, the terms and conditions of your lease agreement shall control.