1. ACKNOWLEDGMENT AND ACCEPTANCE.

PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE AND/OR SERVICES, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND IN OUR PRIVACY POLICY THAT APPLY TO YOU AS A REGISTERED USER OR A NON-REGISTERED USER, AS APPLICABLE. YOU HEREBY ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER.

2. USER RESPONSIBILITIES.

These Terms give you important obligations. You agree to the following responsibilities: 

  1. Lawful use of the Services only. Please see Section 8 below.
  2. Creation and maintenance of all content and data in the account, if applicable.
  3. Payment of all agreed fees, if applicable. 
  4. Full responsibility for all activity associated with your use of our Site and Services. 
  5. Compliance with all other obligations set forth in these Terms. 

For Non-Registered Users, we reserve the right to terminate the Services as we deem appropriate or necessary without notice. You enter and use the Site and the Services at your own risk. We are not responsible for your activities, content, results or other data, or any other matter concerning your use of the Site or the Services. We recommend that you keep track of your content, results and other data as we reserve the right to terminate the Services at any time. We are not responsible for the deletion of any data that has been generated by you using the Services accessed through the Site.

3,PAYMENT TERMS.

Registered Users please refer to your Services Contract for details related to payment terms. 

4.PASSWORD & PROFILE INFORMATION.

For Registered Users, you (a) will provide current, complete, and accurate information to Wildcatmetals for the completion of the profile section of the Site,including, but not limited to, your email login which must be a valid email address maintained by you; (b) will further update and keep that information current as needed; (c) will be provided with a password in order to access the Services and your account; (d) are solely responsible for maintaining the confidentiality of your password and account information; and (e) will immediately notify us of any unauthorized account activity, or any unauthorized use of your account or any other breach of security you become aware of.

For Registered Users, your account and the logins and passwords used to access the Site and Services through the Site are subject to the terms of your Services Contract.

For Non-Registered Users, the Site and Services are a single-user service. You may not share your use of the Site or Services with others. Sharing information is in violation of these Terms and may result in immediate termination and/or denial of access.

5.PRIVACY. 

We are committed to protecting the privacy and confidential information of Users. You agree to maintain and comply with a privacy policy that is consistent with our Privacy Policy. You represent and warrant that you will not knowingly collect or attempt to validate personally identifiable information from children under the age of 13. 

6.CONFIDENTIALITY. 

For Non-registered Users, we agree not to use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with these Terms and our Privacy Policy. Nothing in these Terms limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your Confidential Information. "Confidential Information" comprises, solely to the extent entered into the Services or Site by you, personally identifiable information, including but not limited to email addresses, of you and third parties including your panelists, to the fullest extent that such information is maintained as a trade secret by you or such third parties. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by you; (ii) becomes publicly known and generally available after disclosure by you through no action or inaction of ours; (iii) is already in our possession at the time of disclosure by you; (iv) is obtained by us from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by us without use of or reference to your Confidential Information; or (vi) is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure (to the extent not prohibited by applicable law or lawful order) to enable you to seek an order protecting the information from public disclosure.

For Registered Users, the terms of your Services Contract and our Privacy Policy shall apply.

7. OTHER PROHIBITED USES. 

You acknowledge, warrant and agree that: 

  1. You will not upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else's computer, the Services or the Site. 
  2. You will not interfere or disrupt networks connected to the Services and the Site. 
  3. Any attempt by you to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for Wildcat Metals is strictly prohibited. 
  4. You will comply with all laws, rules and regulations regarding transmission of technical data exported from the United States. 

If you engage in any activity set forth in this Section 8 or violate any terms or conditions of these Terms, your account may be terminated and use of the Services and Site prohibited. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities. 

8.DISCLAIMER OF WARRANTIES - NON-REGISTERED USERS ONLY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK. THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT ALLOWED BY LAW, METALS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WILDCAT METALS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

WILDCAT METALS IS NOT RESPONSIBLE FOR MATERIALS OR DATA CREATED BY YOU ON OR THROUGH THE SERVICES OR ON THE SITE, NOR IS IT RESPONSIBLE FOR THE RESULTS OR RELATED DATA GENERATED BY THE SERVICES. WILDCAT METALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE DATA OR MATERIALS SUPPLIED BY YOU. WILDCAT METALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY RESULTS NOR DOES WILDCAT METALS WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY RESULTS OR RELATED DATA. WILDCAT METALS IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR WAGES, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY RESULTS CREATED THROUGH THE SERVICES OR THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICES OR SITE.

WILDCATMETALS MAKES NO WARRANTY THAT THE SERVICES OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES WILDCAT METALS MAKE ANY WARRANTY AS TO ANY INFORMATION OR DATA THAT MAY BE OBTAINED THROUGH THE SERVICES OR THE SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICES WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

WILDCATMETALS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICES OR THE SITE.

NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN,OBTAINED BY YOU FROM THE SERVICES OR SITE OR THROUGH THE SERVICES OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9.No Legal Advice.

Creative Commons is not a law firm and does not provide legal advice. Using the Websites or Services or sending us an email does not create an attorney-client relationship. In particular but without limitation, use of any of Wildcat Metal's legal tools or licenses and/or using any Services relating to legal tools or licenses (including without limitation the Chooser, the License Chooser or the Scholar’s Copyright Addendum) does not constitute legal advice nor does it create an attorney-client relationship. You are advised to consult with your own legal counsel before using Wildcat Metal's legal tools or licenses. Wildcat Metals provides all Websites, Services, information, tools and licenses on an “as-is” basis. Wildcat Metals makes no warranties regarding any information, tools or licenses provided on or through the Websites and Services, and disclaims liability for damages resulting from their use. 

10. Location of the Websites and Services.

The Websites and Services are controlled and offered by Wildcat Metals from its facilities in the United States of America. Wildcat Metals makes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Not withstanding the foregoing, the Websites may contain or provide links to Content hosted on websites located outside of the United States of America. 

11. Terms Relating to Content on the Websites and Services

Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or implicitly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Wildcat Metals does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Wildcat Metals liable in any way for any Content, including, but not limited to: any infringing Content,any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services. 

12.NATURE OF AGREEMENT - FOR NON-REGISTERED USERS ONLY.

You agree that your use of the Services and the Site constitutes agreement to these Terms. Further, these Terms, the Privacy Policy, any documents incorporated by reference herein, and any rules or policies set forth on the Site comprise the entire between you and Wildcat Metals relating to the subject matter hereof and supersede any prior or other understandings, representations or warranties. You agree that each use of the Services and the Site reaffirms your acknowledgment and agreement to the most current version of these Terms. 

13.GENERAL PROVISIONS.

In any dispute arising from the relationship between you and Wildcat Metals or these Terms, the prevailing party shall be entitled to reasonable attorneys' fees and costs. The failure by Wildcat Metals to enforce any right or provision under these Terms shall not constitute a waiver of that provision or any other provision of these Terms. If any provision of these Terms shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions shall remain in full force and effect.

These Terms were last updated on December 5th 2012.