Project Wayfinder may discontinue, temporarily or permanently, the Services for any reason, at our sole discretion, with or without notice to you
4. Account Security. You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you will be solely responsible to Project Wayfinder for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you shall notify Project Wayfinder immediately through this website.
You further acknowledge: (a) you have no interest in Project Wayfinder’s logo and other marks; (b) Project Wayfinder will remain the sole owner of interest in its marks; and (c) all goodwill in Project Wayfinder’s marks will inure solely to the benefit of Project Wayfinder. You will comply with any reasonable trademark guidelines of Project Wayfinder.
9. Confidential Information. “Confidential Information” shall include, by way of example but without limitation, business plans, data, know-how, financial information, artwork, formulas, algorithms, processes, designs, sketches, photographs, plans, drawings, product concepts, specifications, samples, reports, vendor, customer and distributor names, pricing information, market definitions, inventions, and ideas. The parties agree that the following information shall be included, without limitation, in the definition of Confidential Information: (A) schematics, techniques, development tools and processes, computer printouts, computer programs, design drawings and manuals, and improvements; (B) information about costs, profits, markets, and sales; (C) plans for future development and new product concepts; and (D) all documents, books, papers, drawings, models, sketches, and other data of any kind and description, including electronic data recorded or retrieved by any means, that have been or will be given to you by Project Wayfinder (or any affiliate of it), as well as written or verbal instructions or comments. Confidential Information does not include student projects created as part of the Project Wayfinder curriculum. Similarly, Project Wayfinder does not claim ownership of any intellectual property rights or any other proprietary interests associated with such student projects.
You understand and acknowledge that Project Wayfinder has developed its Confidential Information through the expenditure of substantial time and money, that Project Wayfinder desires to retain the same in trust and confidence and to withhold access thereto from third parties, and that the commitments set forth herein are a condition precedent to your use of the Services.
(a) Nondisclosure. You: (a) will use all reasonable efforts (but in any event not less than those employed for safeguarding its own Confidential Information) to keep Confidential Information from Project Wayfinder and/or any knowledge which may be imparted through examination thereof or working therewith confidential; and (b) will not, except as specifically authorized in writing by Project Wayfinder, (i) communicate such Confidential Information and/or knowledge to any third party or any employee, agent, or consultant of yours, unless such employee, agent, or consultant reasonably requires access thereto and has undertaken an obligation of confidentiality with respect to trade secrets of others entrusted to him or her, or (ii) utilize such Confidential Information and/or knowledge for any purpose other than furthering a business relationship with Project Wayfinder and/or internal evaluation. No copies, reproductions or other images of Confidential Information may be made unless approved in writing by Project Wayfinder.
You shall not be restricted from disclosing Project Wayfinder’s Confidential Information pursuant to a judicial or governmental order, but any such disclosure shall be made only to the extent so ordered and provided only that you: (i) shall timely notify Project Wayfinder so that it may intervene in response to such order, or (ii) if timely notice cannot be given, shall seek to obtain a protective order from the court or government for such information.
10. Copyright Infringement Policy. If you believe that your work has been copied and posted on the Project Wayfinder website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Project Wayfinder website (and such description must be reasonably sufficient to enable Project Wayfinder to find the alleged infringing material);
your address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to the Project Wayfinder Copyright Agent at email@example.com or the following address:
Attn: Copyright Agent
1300 Evelyn Avenue
Berkeley, CA 94702
11. Software Updates. The software that you use may automatically download and install updates from time to time from Project Wayfinder. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Project Wayfinder to deliver these to you) as part of your use of the Services.
13. Disclaimer of Warranties.
(a) The Services, including, without limitation, all content, functions and materials contained or available thereon, is provided "as is," "as available", without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. Project Wayfinder also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Services or your downloading of any materials from the Services. If you are dissatisfied with the Services, your sole remedy is to discontinue using the Services.
(b) We make third party opinions, advice, statements, offers, or other third party information or content available as part of the Services (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Project Wayfinder does not: (i) guarantee the accuracy, completeness, or usefulness of any Third-Party Content which may be part of the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears as part of the Services. Under no circumstances will Project Wayfinder or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on or available from any part of the Services.
14. Limitation of Liability. In no event, including but not limited to negligence, shall Project Wayfinder, any of its affiliates, or any of their directors, officers, employees, agents or content or service providers (including moderators or administrators) (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related thereto; your provision of information via the Services, including the forums; or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Services, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users to the extent required by applicable law.