Terms & Conditions
Welcome to the Steve Jobs Archive LLC (“SJA”, “we”, “us”, or “our”) Web Site at https://stevejobsarchive.com, including subdomains of that website (the “Site”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. BY AGREEING TO, ACCESSING, OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR ACCESS TO OR USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (TOGETHER, THESE “TERMS”) ARE BINDING ON THE PARTIES AND GOVERN YOUR RELATIONSHIP WITH SJA REGARDING YOUR ACCESS TO OR USE OF THE SITE. YOUR USE OR CONTINUED ACCESS TO AND USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS, WHICH MAY BE UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. The Site is not intended for and is not designed to attract children under 13 years of age.
IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE WITH THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE.
Privacy.
These Terms incorporate by reference our Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information as you agree to its terms when you use the Site.
Your Permission to use the Site.
Eligibility. You must be at least 13 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; and (b) your access to and use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Restrictions. SJA gives you limited permission to use the Site, subject to the following restrictions. Except as expressly authorized by SJA under a separate license or other agreement with you, you may only use material contained on the Site for personal and noncommercial use, and any commercial use, such as selling content, or posting information on another website, is prohibited. Further, you may not, and will not permit any third party to: (a) frame, reproduce, distribute, publicly display, or publicly perform the Site or any portion of the Site, including any Materials (as defined below) available on or through the Site; (b) make modifications to or create any derivative works based on the Site or any portion of the Site; (c) sublicense, distribute, sell, lend, rent, lease, transfer, or grant any rights in or to all or any portion of the Site or provide access to the Site to third parties on a service bureau basis or otherwise; (d) interfere with or circumvent any feature of the Site, including any security or access control mechanism, or introduce any security threats into or through the Site; (e) systemically or automatically, including through the use of any “crawler,” “scraper,” “spider,” “bot,” or similar method of technology, retrieve, download or print materials from the Site; (f) change or delete (f) use the Site or any portion of the Site to exploit, interfere with, or circumvent any feature of any other website or service; (g) use the Site or any portion of the Site for any illegal, harmful, offensive, or objectionable purpose, including in a manner that violates the intellectual property or proprietary rights of, SJA or any third party, including changing or deleting any proprietary notices on the Site or from materials downloaded from the Site; (h) transmit, distribute, sell, or otherwise provide any content or data from the Site to a third party (except as expressly authorized by SJA); (i) reverse engineer or otherwise attempt to discover the source code of any portion of the Site; or (j) otherwise use the Site or any portion of the Site other than as provided in these Terms, or in violation of any applicable law. If you are prohibited under applicable law from using the Site, you may not use it.
Term and Termination.
You agree to be solely responsible for your access to and use of the Site. Your permission to use the Site will be terminated immediately, without any further action by SJA, if you breach these Terms. In addition, SJA may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate these Terms by emailing us at legal@stevejobsarchive.com. Upon termination, your rights under these Terms will terminate and you must immediately cease all use of the Site, and your rights under these Terms are terminated and you are no longer authorized to access or use the Site. The Sections titled “Your Permission to use the Site”, “Term and Termination”, “Proprietary Rights”, “Feedback”, “Modification”, “Disclaimer of Warranties and Limitation of Liability”, “Indemnity”,“Additional Terms”, and “General Terms”, will survive termination.
Proprietary Rights.
The Site is owned and operated by SJA. SJA is the owner or licensee of all rights in the Site’s content and related software, including but not limited to the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), materials, products, software, services, or all other elements of the Site provided by SJA ( “Materials”). You have no rights to the Materials other than those expressly granted in these Terms. Steve Jobs Archive™ and the logos or other proprietary marks of SJA and its affiliated organizations belong to them exclusively. No right, title or interest in those marks is granted in these Terms. Any third-party trademarks or service marks displayed on the Site are the property of their respective owners. SJA reserves all rights to the Materials and the Site not granted expressly in these Terms.
Feedback.
Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or our business, products, or services (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant SJA an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create or improve other products and services.
Links and Online Listings.
From time to time, SJA may post on the Site (a) links to third party websites (“Links”) or (b) listings or descriptions of third-party information, products or services (“Listings”). Such Links and Listings are provided WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that SJA does not control or endorse any information, products, or services made available via Links or Listings, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. Please be sure to review the terms of use and privacy policy of any third-party services before you share any information through such Links or Listings. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links or Listings, whether posted or provided by third parties or by SJA. SJA may remove any Links or Listings at any time for any reason or for no reason.
SJA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE SJA (AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, ASSIGNS, SUPPLIERS AND MEMBERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Modifications.
SJA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, these Terms or any portion thereof, on a going forward basis, with or without notice. The most current version of these Terms is in effect each time you access or use the Site. Please check these Terms periodically for changes. By using the Site after any changes to the Terms are published, you agree to the updated Terms. You agree that SJA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof. . Except as expressly permitted in this Section, the Terms by which the parties are bound may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Disclaimer of Warranties and Limitation of Liability.
Disclaimer of Warranties. We are under no obligation to provide support for the Site. THE SITE AND ALL INFORMATION, SERVICES OR LINKS ON OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SJA DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR INFORMATION, SERVICES OR LINKS ON OR THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SJA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR SJA OR INFORMATION, SERVICES OR LINKS ON OR THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA. SJA IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE MATERIALS DISPLAYED ON THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE ACCESS TO AND USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SJA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SJA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, SJA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S ACCESS TO, OR USE OR MISUSE, OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY OF SJA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO ACCESS OR USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS.
Indemnity.
You agree to defend, indemnify and hold SJA and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or connected with: (a) your unauthorized use of access to, or misuse, of the Site, (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or other proprietary right or right of publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Consent to Electronic Communications.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Additional Terms.
Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site or that you agree to in connection with certain technology or services made available to you by or on behalf of SJA (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Contact Information.
The Site is offered by the Steve Jobs Archive, LLC, located at P.O. Box 61239 - Dept. 1173, Palo Alto, California 94306. You may contact us by sending correspondence to that address or by emailing us at legal@stevejobsarchive.com.
Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
International Use.
The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited. If local laws prohibit you from using the Site, you may not do so.
General Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Site. The Terms, together with the Privacy Policy and any Additional Terms, constitute the entire agreement between you and SJA with respect to your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure of SJA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and SJA shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SJA submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California, for resolution of any lawsuit or court proceeding permitted under these Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
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