Please read the following Terms of Use (“Terms”) carefully. They govern your use of the secondseasongroup.com website (the “Site”). By using the Site, you acknowledge that you have read and understood all of the Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
Second Season Group LLC (“Second Season”) reserves the right to change the Terms under which the Site is offered in its sole and absolute discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Site. All changes to the Terms are effective from the date posted.
Registration
In order to access certain features of the Site and obtain copies of content and materials prepared by Second Season, Second Season may require that you set up a user account and/or provide certain contact information (“Your Account”). In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your contact information, and any other information requested by Second Season related to the Site. You will set your own password for accessing the Site and shall be solely and strictly liable for everything that occurs through the use of Your Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Second Season of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware.
By registering Your Account and using the Site, you expressly agree that you will receive communications from Second Season, including email messages and/or text messages. You acknowledge and agree that you consent to the receipt of such messages and that your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to electronic communications. You may stop receiving such messages by following the opt-out instructions provided by Second Season in any such communication.
Copyrights
Except as otherwise noted herein or otherwise on the Site, all information, documentation, and other content posted on this Site or made available through the Site (the “Second Season Content”) are the property of Second Season, its affiliates, and/or its licensors. The posting or providing of Second Season Content does not constitute a waiver of any of Second Season’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The Second Season Content is protected by U.S. and international copyright laws, both as individual works and as collections. You may not sell, republish, frame in another webpage, or use on another website, any of the Second Season Content without the prior written consent of Second Season. You may view, print, copy, and download portions of the Second Season Content solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Second Season reserves the right to revoke this authorization at any time.
Links
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. Second Season does not endorse, and Second Season is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed within a page of this Site. Second Season is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Second Season shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. Second Season shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Disclaimer of Warranties
SECOND SEASON DISCLAIMS ALL WARRANTIES RELATING TO THE SITE AND THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER SECOND SEASON, NOR ANY OF SECOND SEASON’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “SECOND SEASON ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF SECOND SEASON OR AN SECOND SEASON ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT SECOND SEASON’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SECOND SEASON IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
Privacy Policy
Second Season respects and is committed to your privacy. Please review Second Season’s Privacy Policy, which also governs your visit to Site, to understand Second Season’s practices.
Miscellaneous
The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County, Indiana for any action arising out of these Terms.
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of Second Season to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these 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 shall remain in full force and effect.
Second Season shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein, represent the entire understanding between you and Second Season regarding your relationship with Second Season and your use of the Site. These Terms supersede all previous written or oral agreements between you and Second Season with respect to such subject matter. Notwithstanding any provision of these Terms, Second Season has available all remedies at law or equity to enforce these Terms.