(Effective June 7, 2012)
1. Binding Agreement
2. Additional Terms
3. Right to Modify and Amend
4. Consent to Electronic Communications
When you visit a Blucora Site or post or send communications or other materials to us electronically, you are communicating with us electronically. We may also communicate with you electronically by posting notices and information on the Blucora Sites or by sending you communications or other materials electronically, and you consent to receive these communications from us electronically. You may print out any of our electronic communications to you that we post to a Blucora Site or directly send to you. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. No Representations or Warranties
The content, information, documents, graphics and images available on and through the Blucora Sites could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in the Blucora Sites. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently:
TO THE EXTENT PERMITTED BY LAW, THE INFORMATION ON THE BLUCORA SITES IS PROVIDED "AS IS," AND WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED AND YOU HEREBY WAIVE ANY AND ALL SUCH WARRANTIES TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
In general, users of the Blucora Sites should not rely upon information, data, opinions expressed or any other content or material at this website when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on the Blucora Sites or on linked websites.
7. User Warnings/User Conduct
Harass, offend, threaten, embarrass, distress or invade or violate the privacy of any individual or entity;
Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
Provide false information on your registration form or impersonate another person at any point;
Post or transmit false, inappropriate, improper, disorderly or excessive messages or information;
Use any robots, spiders, crawlers, wanderers, Web agents and other such automated processes;
Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property or proprietary right.
8. Website Links and Third-Party Websites
The Blucora Sites may contain links to other websites which are independent of the Blucora Sites. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein.
Furthermore, these links may lead to websites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these websites or for any damage sustained by users of these websites.
9. License to Feedback and Postings
When you post, upload, input, submit or transmit to us any Postings as part of using or participating in any of our websites, products or services, whether required by us for access to or use of such website, product or service, or for review by the general public or members of any public or private community, you grant us, our affiliates and subsidiaries, assigns, licensees and legal representatives the right to use your Postings, including, without limitation, the irrevocable, perpetual, worldwide right to use, reproduce, edit, store, sublicense, distribute, have distributed, create derivative works based upon and publicly and privately promote, display, and perform the Postings, in any medium, by any means of delivery, for commercial, promotional or other purposes without any remuneration or other compensation to you: (i) in connection with the website, product or service, for the purpose for which the Posting was provided, and (ii) unless otherwise expressly set forth in any additional or specific terms and conditions provided by us to you governing such website, product or service, in connection with the creation, development, publishing, promotion, marketing and operation of any of our websites, products, services and businesses. The above grant of rights will apply regardless of any markings, notices or identification of any such materials as confidential or proprietary. Under no circumstances are we under any obligation to post or use any Postings you may provide, and we may remove any Postings at any time in our sole discretion. For those websites, products and services, that permit or allow you to change, modify, delete or remove Postings, the license granted above for use of the Postings in connection with such website, product or service to or for which the Postings was provided will terminate at the time you completely remove such Postings from the applicable website, product or service; provided that, such termination shall not affect any licenses granted in connection with such Postings prior to the time you completely remove such Postings.
To the extent we provide you with an account and password in respect to a Blucora Site, you are solely responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report to us in writing any unauthorized use of your password or account.
11. Limitation of Damages
IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE BLUCORA SITES, THIS AGREEMENT OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE ON OR THROUGH SUCH WEBSITES, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS.
YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE BLUCORA SITES AND ALL PRODUCTS, SERVICES, CONTENT OR OTHER MATERIALS WE PROVIDE OR OTHERWISE MAKE AVAILBLE ON OR THROUGH SUCH WEBSITES TO YOU.
14. Claims of Copyright Infringement
Blucora respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this website infringes on any copyright which you own or control, or that any link on this website directs you to another website that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Blucora's Designated Agent. To be effective, the notification must be in writing and include the following information:
A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Blucora to locate the material;
Your address, telephone number, and, if available, your e-mail address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send the written communication to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Nathan Garnett Full Address of Designated Agent to Which Notification Should be Sent: 601 108th Ave NE, Ste. 1200, Bellevue, WA 98004.
Telephone Number of Designated Agent: 425.201.6100
Facsimile Number of Designated Agent: 425.201.6167
E-Mail Address of Designated Agent: firstname.lastname@example.org or copyright@Blucora.com
This contact information is provided exclusively for notifying Blucora, Inc. that copyrighted material may have been infringed. Unrelated inquiries will NOT receive a response through this process. Contact information for other matters is provided elsewhere on this site.
16. Governing Laws in Case of Dispute
17. International Use
We do not represent that all content, materials and services on the Blucora Sites are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
18. Integration; Severability; General