TERMS & CONDITIONS
Updates and Changes
These Terms and Conditions were last updated on September 3, 2019.
You agree that you will not attempt to access any restricted or secure portion of this Site to which you have not specifically been granted access.
Comply with Laws
Users must comply with all applicable laws and regulations.
Term and Termination. This Agreement begins on the date you first access this Website, and continues for a term of one (1) year, after which this Agreement automatically renews for additional terms of one (1) year each. If you breach any term of the Agreement, or immediately upon notice from Open the Lid, LLC, you agree to immediately stop using or accessing this Site and to destroy all copies of content or information from this Site. This Agreement may be terminated by Open the Lid, LLC, for any reason or no reason, at any time. All terms which by their nature are intended to survive expiration or termination of this Agreement do survive.
Copyrights and Trademarks
All content, materials, images and other items on or accessed directly through this Website (collectively, the “Content”) belong to Open the Lid, LLC, its third party licensors, or clients. You may download or print one copy of the Content on this Website, but only for your personal, noncommercial use. When you download or print a copy of the Content, you must also include all copyright and other notices that are in the Content, including the copyright notice on the bottom of the page. The Content is protected by United States and foreign copyright laws. If you use the Content in a way that is not clearly allowed by these Terms and Conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your license to use the Content and you must immediately destroy any copies you have made. All right, title, and interest in and to the Content remains with Open the Lid, LLC or our third party licensors. All rights not expressly granted are reserved.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Open the Lid, LLC infringe your copyright, you, or your agent may send Open the Lid, LLC a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Open the Lid, LLC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Open the Lid, LLC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
If you believe that any other person using this Website has violated any terms in this Agreement, please notify us immediately, specifically identifying the conduct or materials at issue. Please contact us using the contact information provided below.
In a public or semi-public or private discussion group chat or website that could be viewed by either members of the public, or other members of the closed group using Website services, whether or not that discussion or chat is hosted on www.openthelid.com or another website or in person (each here referred to as a “Forum” or “Forum discussion”), you hereby acknowledge that you will be bound by certain responsibilities to other group members, and that your postings, discussion contributions or any other content that you may share are not private, and may be used in any way by Open the Lid, LLC. Other peer participants are not agents or employees of Open the Lid, LLC, and Open the Lid, LLC is not endorsing or otherwise responsible for the contributions of non-employee participants. We believe that peer sharing of experience in a group can be a beneficial aspect of any program, and caution participants that peers may not be subject matter experts. You, and each other participant is responsible for his or her contribution to the group, and any liability created between group members will not be shared by Open the Lid, LLC. You hereby indemnify and hold harmless Open the Lid, LLC for any liability created in a Forum Discussion.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Open the Lid, LLC does not filter, edit, publish or review Postings and Messages prior to their presence on the website. Postings and Messages do not reflect the views and opinions of Open the Lid, LLC,its agents and/or affiliates. Postings and Messages reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Open the Lid, LLC shall not be liable for the Postings and Messages or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Postings and Messages on this website. Open the Lid, LLC reserves the right to monitor or not monitor all Postings and Messages and to remove any Postings and Messages which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
Your Forum responsibilities include:
You warrant that you are entitled to post the Postings and Messages on our website and have all necessary licenses and consents to do so; Your Postings and Messages do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party; Your Postings and Messages do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy; Your Postings and Messages will not be used to solicit or promote business or custom or present commercial activities or unlawful activity; You will maintain confidentiality within and outside the Forum, and get express permission from any contributor before in any way using or publicly referring to that contribution to the Forum; and You will inform Open the Lid, LLC as soon as possible about concerns, conflicts, grievances or technical problems within any associated forum.
Communication with You
You agree that we may communicate with you, by email or any other method or contact information you have provided to us.
Privacy and Security
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER Open the Lid, LLC, NOR ANY PERSON OR COMPANY ASSOCIATED WITH Open the Lid, LLC, INCLUDING CLIENTS OR THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL AGGREGATE LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES, OR CLAIMS OF ANY KIND SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 1.00 (ONE DOLLAR). THIS LIMITATION FAIRLY REFLECTS THE FACT THAT Open the Lid, LLC DOES NOT CHARGE FOR ACCESS TO VIEW THE CONTENT OF THE WEBSITE. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Open the Lid, LLC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE OR LINKED TO BY THE WEBSITE IS AT YOUR SOLE RISK. Open the Lid, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE OR FROM LINKED WEBSITES IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. SOME LINKS IN THE SITE MAY LET YOU LEAVE THE Open the Lid, LLC SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Open the Lid, LLC AND Open the Lid, LLC IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Open the Lid, LLC OF THE LINKED SITE. YOU AGREE THAT Open the Lid, LLC SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEBSITE. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
Your use of this Website does not give you a special or privileged position in relationship to Open the Lid, LLC. You are not Open the Lid, LLC’s agent or employee for any purpose and shall not hold yourself out as Open the Lid, LLC agent or employee.
Our contact information is: [email protected] or write to us at:
Open the Lid, LLC
110 Sycamore Drive
Ithaca, NY 14850
Governing Law and Jurisdiction
If any provision of these Terms and Conditions is held to be overbroad, invalid or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision can not reasonably be deemed amended, then 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. Users may not sell, assign, or otherwise transfer any rights under these Terms and Conditions. Open the Lid, LLC may assign or transfer its rights and obligations under these Terms and Conditions. Our failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive our right to act with respect to subsequent or similar failures. These Terms and Conditions, along with any changes or updates thereto by us as described above, set forth the entire understanding and agreement between us with regard to this Agreement.
Last Updated 9/19/19