Ownership. The Stretch Website and the information, documents, data, products and/or programs contained thereon (collectively, the "Website Materials") are the property of Stretch, Inc. ("Stretch") and its licensors.
Use & Limitations . Subject to these Terms and Conditions, you may view, copy, print, and distribute, the Website Materials or any portion thereof solely for informational purposes. You may not (i) copy, distribute, or use the Website Materials for any commercial purpose, (ii) make derivative works of the Website Materials, or (iii) incorporate the Website Materials in any other web page. All rights, title, and interest in and to the Website Materials and all intellectual property rights therein shall remain with Stretch and its licensors and no ownership interest is transferred by virtue of making the Website Materials available on the Stretch Website or granting the foregoing licenses. All reproductions of the Website Materials or portions thereof must contain the following copyright notice: "Copyright © 2012 Stretch, Inc., 1322 Orleans Drive, Sunnyvale, CA 94089. All Rights Reserved." Further, nothing contained in the Stretch Website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent or trademark of Stretch or any third party.
Separate or Additional Terms . Notwithstanding anything contained in the foregoing paragraph, certain Website Materials (such as downloadable software and documentation) may be subject to separate or additional terms or conditions of use as stated either on the Stretch Website or in such Website Materials. You agree to comply with such terms and conditions with respect to your use of those Website Materials.
Feedback . Stretch will treat any questions, comments, data, materials or the like other than personally identifiable information (collectively, the "Feedback") sent to Stretch as non-confidential and non-proprietary information. Stretch shall have no obligation of any kind to you or a third party with respect to such Feedback. You agree that Stretch shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration to you or a third party. You further agree that Stretch shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party's consent.
Errors, Revisions & Access. STRETCH DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE STRETCH WEBSITE OR WEBSITE MATERIALS. STRETCH RESERVES THE RIGHT TO REVISE OR WITHDRAW ACCESS TO THE STRETCH WEBSITE OR ANY WEBSITE MATERIALS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. NOTWITHSTANDING THE FOREGOING, STRETCH SHALL HAVE NO OBLIGATION HEREUNDER TO UPDATE THE STRETCH WEBSITE OR WEBSITE MATERIALS. IN NO EVENT SHALL STRETCH OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE STRETCH WEBSITE OR ANY WEBSITE MATERIALS BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACT OR OMISSION BY YOU IN RELIANCE UPON THE STRETCH WEBSITE OR ANY WEBSITE MATERIALS.
Disclaimer . YOU UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE SPECIFICALLY AGREED BY STRETCH IN A SEPARATE WRITTEN AGREEMENT, THE STRETCH WEBSITE AND WEBSITE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. STRETCH ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THE STRETCH WEBSITE OR IN THE WEBSITE MATERIALS (INCLUDING MATERIALS CREATED OR PUBLISHED BY THIRD PARTIES) OR OTHER DOCUMENTS THAT ARE REFERENCED BY OR LINKED TO THE STRETCH WEBSITE. YOU ALSO UNDERSTAND AND AGREE THAT STRETCH CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION AVAILABLE FOR DOWNLOADING THROUGH THE STRETCH WEBSITE OR THE WEBSITE MATERIALS WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS YOUR RESPONSIBILITY TO MAINTAIN SAFEGUARDS TO PROTECT YOUR COMPUTER FROM SUCH ITEMS. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
Limitation of Liability . IN NO EVENT WILL STRETCH BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE STRETCH WEBSITE, WEBSITE MATERIALS, OR ANY OTHER WEBSITE HYPERLINKED TO THE STRETCH WEBSITE OR WEBSITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OF USE, LOSS OR CORRUPTION of PROGRAMS OR OTHER DATA, WHETHER OR NOT STRETCH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE STRETCH WEBSITE OR THE WEBSITE MATERIALS, YOU ASSUME THE RISK OF ANY DAMAGES ARISING FROM ANY FAILURE OF THE STRETCH WEBSITE OR THE WEBSITE MATERIALS TO PERFORM AS EXPECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND STRETCH FOR YOUR USE OF THE STRETCH WEBSITE OR THE WEBSITE MATERIALS, UNLESS OTHERWISE SPECIFICALLY AGREED BY STRETCH IN A SEPARATE WRITTEN AGREEMENT, STRETCH'S TOTAL CUMULATIVE LIABILITY FOR DIRECT DAMAGES IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100) AND THAT IN THE ABSENCE OF THE LIMITATION OF LIABILITY PROVISIONS, THE COST TO YOU TO OBTAIN THE STRETCH WEBSITE OR THE WEBSITE MATERIALS WOULD BE SUBSTANTIALLY HIGHER.
Amendment . Stretch may at any time revise these Terms and Conditions by updating this posting. By using the Stretch Website, you agree to be bound by any such revisions and therefore you should periodically visit this page of the Stretch Website to examine the then-current Terms and Conditions by which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Stretch Website.
General . If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms and Conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of California without giving effect to any conflicts of law principles that would require the application of the law of a different state. Any suit or proceeding arising out of or relating to these Terms and Conditions shall be commenced exclusively in a state court in Santa Clara County, California, or the federal court in the Northern District of California, and you irrevocably submit to the exclusive jurisdiction and venue of such courts. Nothing herein limits Stretch's right to proceed directly to any court of competent jurisdiction to obtain injunctive or other equitable relief, or to enforce it's intellectual property rights. This Agreement, together constitutes the entire agreement between Stretch and you regarding use of the Stretch Website and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral regarding your use of the Stretch Website. You also may be subject to additional or different terms and conditions regarding your use of Website Materials or Stretch products or services.
If you have any questions about the foregoing, please contact Stretch at the following e-mail address: firstname.lastname@example.org