Terms of Service
The following terms and conditions govern all use of the BITWISE THERMODYNAMICS website and all content, services and products available at or through the website (taken together, “THERMO”), including, but not limited to, Google editor add-ons, open source code, educational lesson plans (taken together, “the Website”).
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
If these terms and conditions are considered an offer by THERMO, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
- Your Account. There are no user accounts.
- Responsibility of Contributors. Be nice. Without limiting any of those representations or warranties, THERMO has the right (though not the obligation) to, in THERMO’s sole discretion (i) refuse or remove any content that, in THERMO’s reasonable opinion, violates any THERMO policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in THERMO’s sole discretion. THERMO will have no obligation to provide a refund of any amounts previously paid.
- Permitted Use. You may use the THERMO Web APIs to develop a product or service that searches, displays, analyzes, retrieves, and views information available on the Website.
- Restricted Use. See the license agreement for each product or service for details.
- Responsibility of Website Visitors. THERMO has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, THERMO does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. THERMO disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which THERMO links, and that link to THERMO. THERMO does not have any control over those non-THERMO websites and webpages, and is not responsible for their contents or their use. By linking to a non-THERMO website or webpage, THERMO does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. THERMO disclaims any responsibility for any harm resulting from your use of non-THERMO websites and webpages.
- Copyright Infringement and DMCA Policy. As THERMO asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by THERMO violates your copyright, you are encouraged to notify THERMO in accordance with THERMO’s Digital Millennium Copyright Act (“DMCA”) Policy. THERMO will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. THERMO will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of THERMO or others. In the case of such termination, THERMO will have no obligation to provide a refund of any amounts previously paid to THERMO.
- Intellectual Property. Nothing to say here.
- Attribution. Nothing to say here.
- Themes. Nothing to say here.
- Domain Names. Nothing to say here.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using THERMO within the designated notice period. Your continued use of THERMO will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. THERMO may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. THERMO and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither THERMO nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will THERMO, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to THERMO under this agreement during the twelve (12) month period prior to the cause of action. THERMO shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- US Economic Sanctions. You expressly represent and warrant that your use of the Website and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and THERMO reserve the right to terminate access of those in the event of a breach of this condition.
- Indemnification. You agree to indemnify and hold harmless THERMO, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Indemnification. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous. This Agreement constitutes the entire agreement between THERMO and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of THERMO, or by the posting by THERMO of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in King County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Seattle, Washington, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; THERMO may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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