You may use the Sites only for lawful purposes and you agree that you shall at all times comply with all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Sites. In addition, while using the Sites, you agree that you will not do any of the following:
• Frame the Sites except as permitted in writing by Bottlenotes;
• Submit via the Sites anything that is or may be: (i) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory, libelous, or disparaging; (iii) misleading, false, fraudulent, or tortious; (iv) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (v) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism or illegal acts; (vi) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; (vii) in violation of any other rights of any person or entity; (viii) in violation of any law or regulation; or (ix) otherwise objectionable, in our sole discretion;
• Submit via the Sites any virus, worm, “Trojan Horse,” “easter egg,” “time bomb,” spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere with the operation of the Sites or any hardware, software, or telecommunications equipment or with any third party's uninterrupted use and enjoyment of the Sites;
• Submit any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunities, or any other form of solicitation to or through the Sites;.
• Collect, transmit or harvest personally identifiable information about other users of the Sites or “stalk” or otherwise harass other persons;
• Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, including Bottlenotes; forge headers or otherwise manipulate identifiers in order to disguise the origin of any submissions to us or through the Sites; or expressly state or imply that we endorse any statement you make;
• Violate or attempt to violate the security of any portion of the Sites, including but not limited to: (i) access content or pages on the Sites that you are not authorized to access; (ii) log into a server or account that you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with or disrupt the Sites or the servers or networks that support the Sites, including, without limitation, via means of submitting a virus to the Sites or overloading, “flooding,” “mailbombing” or “crashing” the Sites; or (v) restrict or inhibit any other user from accessing or using the Sites, including, without limitation, by means of hacking or defacing any portion of the Sites;
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Sites;
• Except for search engines presenting links to users searching for the Sites or related content, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or its contents, unless otherwise permitted by Bottlenotes in writing in advance;
• Use the Sites for commercial or business purposes without the express, written, prior permission of Bottlenotes, including, without limitation, for advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation, or through linking with or artificially generating traffic to any other web site or web page; or
• Use the Sites in any way that would adversely affect Bottlenotes or reflect negatively on Bottlenotes or our goodwill, name or reputation.
Bottlenotes reserves the right to monitor the Sites for conduct in violation of the Terms of Use. However, Bottlenotes specifically disclaims all responsibility or liability for its acts or omissions in doing so.

In order to use some of the features of a Site, you may be required to register as a member of that Site ("Member"). In order to become a Member of a Site, you must create a member account (“Member Account”) with a unique username and password. You may also be required to provide us with additional information about yourself. You must be 21 years of age or older to create a Member Account.
You may update or modify your Member Account and some of the information about you in your Member Account, including your e-mail marketing references, by logging into your Member Account. You may also deactivate your Member Account.

By use of the Sites, you represent, warrant, and covenant to Bottlenotes that you are 21 years of age or older, and that your use of the Sites does not violate any applicable law or regulation.
You are solely responsible for all information and content that you submit to the Sites or directly to Bottlenotes, including by e-mail, ("Submissions"). By doing so, you represent and warrant to Bottlenotes that each such Submission: (1) is not confidential and that you have all necessary permission to make such Submission; (2) contains information that is correct, complete, and current; and (3) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.

We may provide forums, message boards, chat rooms or other interactive areas on the Sites ("User Forums") to give you a forum to express your opinions and share your ideas, information and materials, and to make other Submissions.

Whenever you make a Submission to a User Forum or some other aspect of the Sites or directly to Bottlenotes (including by e-mail) you: (1) grant to Bottlenotes and its affiliates an irrevocable worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free right and license to use, exploit, reproduce, modify, adapt, translate, incorporate in other works, and otherwise create derivative works from, publish, distribute, transmit, broadcast, perform, display, and otherwise exercise all rights in and to such Submission (including the right to use or not use your name, voice, likeness and other identifying information in connection therewith), via the Sites or otherwise, in any form, media, or technology now known or later developed, without any compensation to you; and (2) consent to all relevant acts or omissions in relation to your moral rights in such Submission (if any) which are or might otherwise constitute a breach or infringement of those moral rights and, to the extent permitted by law, waive all your moral rights in such Submission, even if such material is altered or changed in a manner not agreeable to you.

We are not responsible for, and we do not endorse, the Submissions posted in User Forums by users of the Sites. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any Submission that is posted on any User Forum or that is otherwise available through the Sites. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, or remove any Submission submitted by any user to a User Forum. We specifically disclaim any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or nature or character based upon or resulting from any Submission.

From time to time, Bottlenotes may conduct promotions on or through the Sites, including without limitation, contests, sweepstakes, auctions, coupons and other promotions (“Promotions”). Each Promotion may have Additional Terms of participation, which will be posted or otherwise made available to you. The Additional Terms for each Promotion in which you participate will be deemed incorporated into and form a part of the Terms of Use. It is your responsibility to read the Additional Terms to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.

Third party advertisers (“Advertisers”) may offer goods, services and other materials to you on the Sites. Your correspondence and business dealings with advertisers found on or through the Sites including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the Advertiser. Descriptions of, or references to, products or publications within the Sites do not imply endorsement of that product or publication. Bottlenotes will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on the Sites. Please review carefully all policies and practices before you engage in any business dealings with any third party. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

The Sites may contain links to third party web sites or resources. You acknowledge and agree that Bottlenotes is not responsible or liable for: (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link to third parties on the Sites does not imply that Bottlenotes endorses the linked third party web sites.

Bottlenotes reserves the right at any time to charge fees to become a Member or an enhanced category of Member, or to access certain features of the Sites. In such case you will be notified and asked to agree to any such fees before they are charged. Advance payment by credit card will typically be required. If you decline, we may terminate your Member Account and/or limit access to certain features of the Sites.

ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITES, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITES. THE SITES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE SITES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTTLENOTES AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES AND CO-SPONSORS (COLLECTIVELY THE “BOTTLENOTES PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY BOTTLENOTES PARTY, WHETHER MADE ON THE SITES, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITING THE FOREGOING, THE BOTTLENOTES PARTIES DO NOT WARRANT THAT THE SITES WILL BE AVAILABLE, THAT YOUR USE OF THE SITES WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITES (OR THE SERVERS THAT MAKE THEM AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, THE BOTTLENOTES PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE BOTTLENOTES PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITES, YOU ACT AT YOUR OWN RISK.
THE BOTTLENOTES PARTIES DO NOT WARRANT THE QUALITY OF THE PRODUCTS LISTED ON THE SITES. BY PURCHASING ANY OF THE PRODUCTS LISTED ON THE SITES OR THAT YOU COME IN CONTACT WITH THROUGH THE SITES, YOU ACT AT YOUR OWN RISK.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE BOTTLENOTES PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES OR ANY PROFESSIONAL, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BOTTLENOTES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE BOTTLENOTES PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION OR MALICIOUS ACTIVITY.
YOUR ACCESS TO AND USE OF THE SITES ARE AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY US OR OUR LICENSORS, OR ANY OTHER EQUITABLE REMEDY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE OR OTHER CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE BOTTLENOTES PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN DOLLARS ($10). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold Bottlenotes harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees), resulting from: (i) your use of the Sites; (ii) any breach or violation of the Terms of Use or any law, rule, or regulation; (iii) the posting, submission, display, transmission, exchange, performance, publication, distribution, sharing, dissemination, promotion, broadcast, and/or circulation by you of any Content on or through the Sites; (v) the theft or misappropriation of your username or password; (vi) disclosure of your username or password; or (vii) your authorization of anyone else to use your username or password.
Bottlenotes reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action brought against Bottlenotes and all negotiations for settlement or compromise, and you agree to fully cooperate with Bottlenotes in the defense of any such claim, action, settlement, or compromise negotiations, as requested by Bottlenotes. In no event will you settle any such claim or action without our prior written approval.

To the extent that software available on or used in connection with the Sites (“Software”) is subject to U.S. export controls, it may not be downloaded from the Sites or otherwise exported or re-exported: (a) into, or to a national or resident of any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Bottlenotes controls and operates the Sites from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their own initiative and are responsible for compliance with United States laws, if and to the extent applicable. Bottlenotes reserves the right to limit the availability of the Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

The Terms of Use and the interpretation of the Terms of Use will be governed by and construed under the laws of the State of California, without regard to conflict of law principles. You agree and submit to the exclusive and mandatory jurisdiction and venue of the State and Federal Courts situated in San Francisco County, California and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. Any cause of action or claim arising out of the Terms of Use or your use of the Sites, regardless of form or the basis of the claim, must be brought within one (1) year after the cause of action arose or, if multiple causes, from the date the first such cause of action arose.

If you are a registered Member of any of the Sites, you may terminate your Member Account at any time and for any reason. Bottlenotes may terminate your Member Account or use of the Sites at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.