Effective: October 28, 2020
Agreement to Terms. By accessing the Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please discontinue use of the Site. If you are accessing and using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
Changes to Terms. We may update these Terms from time to time at our sole discretion. If we make any changes, we will notify you by revising the “Last Updated” date at the top of these Terms. It’s important that you review the Terms whenever you visit the Site in order to familiarize yourself with any changes to them. If you continue to use the Site after we have posted updated Terms, you are agreeing to be bound by the modifications.
Links to Third Party Websites or Resources. The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
Copyrights and Trademarks. All content on the Site, including text, source code, databases, functionality, software, designs, audio, video, images, photographs, and graphics are owned by Stairwell, our licensors, or other third parties and are protected under the laws of the United States and foreign jurisdictions. Stairwell™ and Stairwell marks, logos, product or service names, and slogans, are trademarks of Stairwell.
THE SITE IS PROVIDED “AS IS” and on an “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES AND MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR ANY WEBSITES LINKED TO THE SITE.
Limitation of Liability
IN NO EVENT WILL STAIRWELL, OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR PARTNERS, BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STAIRWELL OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Stairwell and its employees, officers, directors, agents and partners, against any claim, loss, damage, liability, or demand, including reasonable attorneys’ fees and expenses, arising out of or related to your use of the Site and/or your breach of any representation, warranty, or other provision of these Terms.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes will be the state and federal courts located in Santa Clara County, California, and you and Stairwell each waive any objection to jurisdiction and venue in such courts.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Stairwell and you regarding your use of the Site. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Waiver of Rights. Stairwell’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Stairwell. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms, please contact Stairwell at firstname.lastname@example.org.