As of January 27, 2022
2. Use of the Websites.
2.1 This Websites is not intended for children under thirteen (13) years of age. By accessing, viewing, browsing, or using the Websites, you represent and warrant that you (a) are at least thirteen (13) years of age or older; (b) are using the Websites only for your own personal use; and (c) are not barred to use the Websites under any applicable law. If you do not meet these requirements, you must not access, browse, or otherwise use the Websites.
2.5 You agree not to: (a) take any action that imposes an unreasonable load on the Websites’ infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Websites; (d) delete or alter any material posted on the Websites by Chia or any other person or entity with Chia’s permission; or (e) frame or link to any of the materials or information available on the Websites.
2.6 The Websites contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. Because Chia does not develop the content of such External Sites, Chia is not responsible for the content of any linked External Sites. If you decide to access any External Sites, you do so at your own risk. Any questions or concerns about the content located on External Sites should be directed to the webmaster or administrator of such External Sites.
2.7 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Websites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter notices with respect to the Websites should be sent to Chia at:
611 Gateway Blvd., Ste. 120
South San Francisco, California 94080
3. Limitation of Liability and Disclaimer of Warranties.
3.1 CHIA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “CHIA PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE CHIA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITES AND THE CONTENT AT YOUR OWN RISK.
THE CHIA PARTIES DO NOT WARRANT THAT THE WEBSITES WILL OPERATE ERROR FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO CHIA PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE CHIA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
3.2 IN NO EVENT SHALL ANY CHIA PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH CHIA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF ANY OTHER CHIA PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
3.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE CHIA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5. Termination, Suspension and Restriction of Use.
5.1 Chia reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Websites or the Content at any time and for any reason without prior notice or liability. Chia reserves the right to change, suspend, or discontinue all or any part of the Websites or the Content at any time without prior notice or liability.
5.2 Sections 2, 3, 4, 5, and 8 shall survive the restriction, suspension or termination outlined in Section 5.1.
6. User Must Comply with Applicable Laws.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
7. U.S. Government Restricted Rights.
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 C.F.R. 52.227-19, and 48 C.F.R. 252.227-7013 et seq. or its successor. Use of the Websites or Content by the Government constitutes acknowledgement of our proprietary rights in the Websites and Content.