Terms of Use
(updated 07/17/23)
1. Your Acceptance
A. By using or visiting the Improvyze website, its software, data, and services provided to you through the Improvyze website (collectively the “Service”) you signify your
agreement to (1) these terms and conditions (the “Terms of Use”), and (2) Improvyze’s Privacy Policy found at http://www.improvyze.com/privacy-policy and incorporated herein by reference. If you do not agree to any of these Terms, or the Improvyze Privacy Policy, please do not use the Service.
B. Although Improvyze may attempt to notify you when major changes are made to the Terms of Use, you should periodically review the most up-to-date version on the
Improvyze website. Improvyze may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or
revisions.
Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
2. Service
A. These Terms of Use apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts,
graphics, photos, visual combinations, interactive features, and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects
of Improvyze, including but not limited to all products, software, and services offered via the Improvyze website.
B. The Service may contain links to third-party websites that are not owned or controlled by Improvyze. Improvyze has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third-party websites. In addition, Improvyze will not and cannot censor or edit the content of any third-party site. By using the
Service, you expressly relieve Improvyze from any and all liability arising from your use of any third-party website.
C. Accordingly, Improvyze encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website you visit.
3. General Use of the Service – Permissions and Restrictions
Improvyze hereby grants you permission to access and use the Service as set forth in these Terms of Use, provided that:
A. You agree not to distribute in any medium any part of the Service or the Content without Improvyze's prior written authorization, unless Improvyze makes available the means
for such distribution through functionality offered by the Service.
B. You agree not to alter or modify any part of the Service.
C. You agree not to use the Service for any of the following commercial uses unless you obtain Improvyze's prior written
approval:
a. the sale of access to the Service;
b. the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
c. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not
obtained from Improvyze appears on the same page and is of sufficient value to be the basis for such sales.
D. In your use of the Service, you will comply with all applicable laws.
E. Improvyze reserves the right to discontinue any aspect of the Service at any time.
4. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Improvyze, subject to copyright and other
intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as
permitted under these Terms of Use. You shall not download any Content unless you see a “download” or similar link displayed by Improvyze on the Service for that Content.
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent
of Improvyze or the respective licensors of the Content. Improvyze and its licensors reserve all rights not expressly granted in and to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or
enforce limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you may be exposed to Content from a variety of sources, and that Improvyze is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such
Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have against Improvyze with respect thereto, and, to the extent permitted by applicable law, agree
to indemnify and hold harmless Improvyze, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your
use of the Service.
5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF IMPROVYZE'S SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IMPROVYZE, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
IMPROVYZE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES
LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. IMPROVYZE DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY
HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IMPROVYZE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability
IN NO EVENT SHALL IMPROVYZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IMPROVYZE SHALL NOT BE
LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Improvyze from its facilities in the United States of America. Improvyze makes no representations that the Service is appropriate or
available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
7. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Improvyze, its parent corporation, officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and
access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.
8. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case,
you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots
of other great websites for you. Talk to your parents about what sites are appropriate for you.
9. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Improvyze without restriction.
10. General
You agree that: (i) the Service shall be deemed solely based in Pennsylvania; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction
over Improvyze, either specific or general, in jurisdictions other than Pennsylvania. These Terms of Use shall be governed by the internal substantive laws of the State of
Pennsylvania, without respect to its conflict of laws principles. Any claim or dispute between you and Improvyze that arises in whole or in part from the Service shall be decided
exclusively by a court of competent jurisdiction located in Allegheny County, Pennsylvania. These Terms of Use, together with the Privacy Policy at
http://www.improvyze.com/privacy-policy and any other legal notices published by Improvyze on the Service, shall constitute the entire agreement between you and Improvyze
concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or
continuing waiver of such term or any other term, and Improvyze's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or
provision. Improvyze reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.
Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
YOU AND IMPROVYZE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.