TERMS AND CONDITIONS
The terms and conditions of use set forth herein apply to this website (the “Site”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. Your use of this site is also governed by an Online Privacy Statement located at Privacy Statement. Actua Corporation (“Actua”) and its affiliates (together with Actua, “us,” “we” or “our”) reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms, as amended.
NOTHING CONTAINED IN THE SITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITE, CONSTITUTES A SOLICITATION OR OFFER BY ACTUA, ANY OF ITS AFFILIATES OR ANY OF ITS BUSINESSES TO BUY OR SELL ANY SECURITIES. DECISIONS BASED ON INFORMATION CONTAINED ON THE SITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND, IN CONSIDERATION OF YOUR ACCESS TO THE SITE, YOU AGREE TO HOLD ACTUA AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
THE MATERIALS IN THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACTUA AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACTUA AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ACTUA OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION AND MATERIALS IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF ACTUA OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, BUT IN ADDITION TO, THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF ACTUA AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT, IF ANY, PAID BY YOU, FOR ACCESSING THE SITE.
Restrictions on Use of Materials
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Actua and/or its affiliates. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download materials from the Site for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without Actua’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Actua and/or its affiliates. Neither Actua nor any of its affiliates will treat users of the Site as its clients by virtue of their accessing the Site.
You may not use or introduce into the Site any device, software, or routine that could damage or interfere with the proper operation of the Site. You shall not directly or indirectly take any action to unduly stress the Site, including by way of example and not limitation, incurring session lengths that Actua reasonably determines to be abusive, or using any scraper, robot, spider or other automated mechanism to access the Site or download the content on the site. Actua reserves the right to monitor your use of the Site to provide guidance and assistance in the use of the Site, and to monitor your conformance with these terms and conditions (including the Online Privacy Statement).
Links to Other Web Sites and Services
Actua does not review or monitor any websites linked from or to the Site and is not, and will not be, responsible for the content of any such linked websites. Your following links from or to such websites is at your sole risk. Accordingly, neither Actua nor any of its affiliates can be held responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site, and the inclusion of these links does not imply an endorsement, representation or warranty by Actua or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party website to the Site without the express prior written consent of Actua. Actua reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Site.
Certain information provided through the Site has been filed with the U.S. Securities and Exchange Commission (“SEC”) (such materials, the “SEC Materials”). The SEC Materials and other public disclosures contained in or accessible through the Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are typically identified by words or phrases such as likely, believe, expect, anticipate, intend, estimate, position and variations of such words and similar expressions, or future or conditional verbs such as will, would, should, could, may or similar expressions. These forward-looking statements are subject to numerous assumptions, risks and uncertainties, all of which will or may change over time or may be incorrect, and neither Actua nor any of its affiliates assumes any duty to update or correct any forward-looking statements contained in or accessible through the Site. Actual results could differ materially from those anticipated in these forward-looking statements and future results could differ materially from historic performance.
The following factors, among others, could cause actual results to differ materially from any forward-looking statements or historic performance: risks asspcoated with the effect of economic conditions generally, capital spending by our customers, our ability to retain existing customer relationships and secure new ones, our ability to complete successfully against alternative solutions, our ability to timely and effectively respond to technological developments, our ability to retain key personnel , our ability to have continued access to capital and to deploy capital effectively and on acceptable terms, our ability to maximize value in connection with divestitures, other risks and uncertainties detailed in the Company’s filings with the SEC (as such are accessible on the SEC’s website at www.sec.gov and on the Site).
Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Actua Corporation from its offices within the Commonwealth of Pennsylvania, United States of America. Neither Actua nor any of its affiliates makes any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Actua and/or its affiliates to any registration or other requirement within such jurisdiction or country.
Transmissions to and from the Site
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.actua.com domain name or made via the Site may not be secure. Communications to Actua, particularly those containing confidential information, should be sent by mail to Actua Corporation,555 E. Lancaster Avenue, Suite 640, Radnor PA 19087. Actua and its affiliates will be free to use, for any purpose, without and compensation due or payable to you, any ideas, concepts, know-how or techniques provided by a Site user to Actua through the Site.
No waiver by Actua or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.
Governing Law and Consent to Jurisdiction
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN DELAWARE COUNTY, PENNSYLVANIA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The preceding terms and conditions represent the entire agreement between Actua and its affiliates, on the one hand, and you, on the other, relating to the subject matter hereof. Actua may transfer the rights hereunder, including without limitation all data and information supplied by you to, or otherwise collected by, Actua in connection with your use of the Site, to a successor to Actua’s business.