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reof to and through the site complies with all applicable laws rules and regulations we cannot and will not be liable for any loss or damage arising from your failure to comply with this section we reserve the right to refuse or delete any contributions in our discretion you acknowledge and agree that we reserve the right but have no obligation to do one or more of the following in our discretion without notice or attribution to you i monitor and approve contributions as well as your access to the site ii alter remove or refuse to post or allow to be posted any contribution and or iii disclose any contributions and the circumstances surrounding their transmission to any third party in order to operate the site in order to protect engflow its suppliers or licensees and their respective employees officers directors shareholders affiliates agents representatives and the site s users and visitors to comply with legal obligations or governmental requests to enforce these terms or for any other reason or purpose we disclaim any responsibility for contributions displayed on the site and assume no responsibility for the timeliness deletion mis delivery or failure to store any contributions or other user information or personalization settings 5 feedback we appreciate feedback comments ideas proposals and suggestions for improvements to the services and other related products services and technologies feedback if you choose to submit feedback you hereby grant to us a perpetual worldwide irrevocable transferable sublicensable royalty free and fully paid up license to use and exploit all feedback in connection with all of our business purposes including without limitation the testing development maintenance and improvement of the services and other related products services and technologies 6 general prohibitions and engflow s enforcement rights you agree not to do any of the following post upload publish submit or transmit any contribution that infringes misappropriates or violates a third party s patent copyright trademark trade secret moral rights or other intellectual property rights or rights of publicity or privacy use display mirror or frame the services or any individual element within the services engflow s name any engflow trademark logo or other proprietary information or the layout and design of any page or form contained on a page without engflow s express written consent access tamper with or use non public areas of the services engflow s computer systems or the technical delivery systems of engflow s providers attempt to probe scan or test the vulnerability of any engflow system or network or breach any security or authentication measures avoid bypass remove deactivate impair descramble or otherwise circumvent any technological measure implemented by engflow or any of engflow s providers or any other third party including another user used to protect the services or data of any other user attempt to access or search the services or download content from the services using any engine software tool agent device or mechanism including spiders robots crawlers data mining tools or the like other than the software and or search agents provided by engflow or other generally available third party web browsers send any unsolicited or unauthorized advertising promotional materials email junk mail spam chain letters or other form of solicitation use any metatags or other hidden text or metadata utilizing a engflow trademark logo url or product name without engflow s express written consent use the services or any portion thereof for any commercial purpose or for the benefit of any third party or in any manner not permitted by these terms forge any tcp ip packet header or any part of the header information in any email or newsgroup posting or in any way use the services to send altered deceptive or false source identifying information attempt to decipher decompile disassemble or reverse engineer any of the software used to provide the services or transmit knowingly or unknowingly any content data or other material that contains viruses trojan horses spyware worms or any other malicious harmful or deleterious programs interfere with or attempt to interfere with the access of any user host or network including without limitation sending a virus overloading flooding spamming or mail bombing the services collect or store any personally identifiable information from the services from other users of the services without their express permission impersonate or misrepresent your affiliation with any person or entity use the services to encourage or enable i any illegal fraudulent or abusive activities or ii materially interfere with our business or activities buy sell or otherwise trade in usernames or other unique identifiers used on the site send advertisements chain letters or other solicitations through any of the services or use any services to gather addresses or other personal data for commercial mailing lists or databases use the site to send e mail to distribution lists newsgroups or group mail aliases falsely imply that you are affiliated with or endorsed by engflow hyperlink to images or other non hypertext content on the site on other webpages remove any marks indicating proprietary ownership from materials you obtain via the services including but not limited to materials you download or obtain from the site strain infrastructure of the site or any other services with an unreasonable volume of requests or requests designed to impose an unreasonable load on information systems underlying the site or any other services or launch or facilitate whether intentionally or unintentionally a denial of service attack on the site or any other services or engage in any other conduct that contributes to materially and adversely impacting the availability reliability or stability of any services use the site or other services to transmit any material or content that is facilitates or encourages libelous defamatory discriminatory or otherwise malicious or harmful speech or acts to any person or entity including but not limited to hate speech and any other material or content that we reasonably believe degrades intimidates incites violence against or encourages prejudicial action against anyone based on age gender race ethnicity national origin religion sexual orientation disability geographic location or other protected category submit content to the site or any other service that violates the law infringes anyone s intellectual property rights violates anyone s privacy discloses information that you do not have the right to disclose like others confidential or personal information or breaches agreements you have with others or submit content to the site or any other service as a mere placeholder to hold a particular username or other unique identifier violate any applicable law rule or regulation or requirement of any authority or applicable jurisdiction or encourage or enable any other individual to do any of the foregoing engflow is not obligated to monitor access to or use of the services or to review or edit any content however we have the right to do so for the purpose of operating the services to ensure compliance with these terms and with applicable law or other legal requirements we reserve the right but are not obligated to remove or disable access to any content at any time and without notice including but not limited to if we at our sole discretion consider it objectionable or in violation of these terms we have the right to investigate violations of these terms or conduct that affects the services we may also consult and cooperate with law enforcement authorities to prosecute users who violate the law and we may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms engflow reserves the right to change redact and delete content on the site for any reason if you believe someone has submitted content to the site in violation of these terms please contact us immediately 7 termination we may suspend or terminate your access to and use of the services including suspending access to or terminating your account at our sole discretion at any time and without notice to you upon any termination discontinuation or cancellation of the services the following sections will survive 2 4 5 6 8 9 10 and 12 8 warranty disclaimers the services including without limitation any insights as defined above are provided as is without warranty of any kind without limiting the foregoing we explicitly disclaim any implied warranties of merchantability fitness for a particular purpose quiet enjoyment and non infringement and any warranties arising out of course of dealing or usage of trade we make no warranty that the services including but not limited to insights will meet your requirements or be available on an uninterrupted secure or error free basis we make no warranty regarding the quality accuracy timeliness truthfulness completeness or reliability of any information or content on the services or insights any use by you of any insights is at your own risk 9 indemnity you will indemnify and hold engflow and its officers directors employees and agents harmless from and against any claims disputes demands liabilities damages losses and costs and expenses including without limitation reasonable legal and accounting fees arising out of or in any way connected with a your access to or use of the services b any contribution s you provide or c your violation of these terms including without limitation by others using your account you agree to allow engflow to control the investigation defense and settlement of legal claims for which you are required to indemnify us and to cooperate with those efforts and you agree not to agree to any settlement that admits fault on the part of engflow or would impose limitations or obligations on engflow engflow agrees not to agree to any settlement that admits fault for you or imposes obligations on you without your prior agreement 10 limitation of liability to the maximum extent permitted by law engflow will not be liable for any incidental special exemplary or consequential damages or damages for lost profits lost revenues lost savings lost business opportunity loss of data or goodwill service interruption computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with these terms or from the use of or inability to use the services whether based on warranty contract tort including negligence product liability or any other legal theory and whether or not engflow has been informed of the possibility of such damage even if a limited remedy set forth herein is found to have failed of its essential purpose to the maximum extent permitted by law in no event will engflow s aggregate and cumulative liability arising out of or in connection with these terms or from the use of or inability to use the services exceed the lesser of a the amounts you have actually paid to engflow for use of the services or b one hundred dollars 100 the exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between engflow and you 11 changes to these terms or the services we may update the terms from time to time in our sole discretion if we do we will update the terms on the site and or may also send other communications if you access or use any services after we have posted updated terms you agree that you will have accepted and agreed to the changes if you do not agree to be bound by the changes in any future version of these terms you may not access or use any services after such updated terms are posted on the site because our services are evolving over time we may change or discontinue all or any part of the services at any time and without notice at our sole discretion 12 general terms governing law and forum choice these terms and any action related thereto will be governed by the laws of the state of new york without regard to its conflict of laws provisions the parties expressly consent to arbitration pursuant to section 12 f below to take place exclusively in the city of new york new york county new york provided that in the event applicable law prohibits section 12 f from operating to require arbitration or if for any reason a dispute as defined below between you and us will be not be resolved using arbitration or in the event you opt to bring an action in small claims court pursuant to section 12 f iii below then you and we each submit to the personal and exclusive jurisdiction in the state and federal courts located in the new york county new york for purposes of resolving such dispute and you and we each waive any objection to jurisdiction and venue in such courts reservation of rights engflow and its licensors exclusively own all right title and interest in and to the services including all associated intellectual property rights you acknowledge that the services are protected by copyright trademark and other laws of the united states and foreign countries you agree not to remove alter or obscure any copyright trademark service mark or other proprietary rights notices incorporated in or accompanying the services these terms control the relationship between you and us and do not create any third party beneficiary rights provided however you agree and acknowledge engflow and third parties may each take action separately or in coordination to enforce any legal rights that protect material included on the site or in any other services which is protected by copyright trademark or other intellectual property rights of any third party and that except as otherwise explicitly stated engflow does not grant you any rights in any such third party copyrights trademarks or intellectual property rights entire agreement no assignment except and to the extent superseded by an existing valid agreement between you and engflow these terms constitute the entire and exclusive understanding and agreement between engflow and you regarding the services and supersede and replace all prior oral or written understandings or agreements between engflow and you regarding the services notwithstanding anything to the contrary herein if there is a conflict or inconsistency between the terms in this agreement and the additional terms associated with a particular service or any other product or service we provide the additional terms will control solely as to that conflict or inconsistency if any provision of these terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect except where provided by applicable law in your jurisdiction you may not assign or transfer these terms by operation of law or otherwise without engflow s prior w...