This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.engineyard.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting.
1. ENGINE YARD SERVICES. At Engine Yard we are committed to making your total Engine Yard experience a positive one. Upon entering your information and the request for which you would like a Rails development firm, we will provide you with a list of Rails development firms, if any, who may be interested in fulfilling your service need.
However, we do not guarantee that we will be able to match your service needs with a Rails development firm or that there are Rails development firms that either are capable or willing to complete your service needs. We make no guarantees or representations regarding the skills or representations of such Rails development firm or the quality of the job that they may perform for you if you elect to retain their services. Engine Yard does not endorse or recommend the services of any particular Rails development firm. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Rails development firm, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The Rails development firms are not employees or agents of Engine Yard, nor is Engine Yard an agent of the Rails development firms. Engine Yard does not perform, and is not responsible for, any of the services requested by you in your services request. Your rights under contracts you enter into with Rails development firms are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any Rails development firm, you must address such dispute with the Rails development firm directly, AND YOU HEREBY AGREE TO RELEASE ENGINE YARD (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH RAILS DEVELOPMENT FIRMS.
2. INFORMATION YOU PROVIDE TO US. Upon using the Engine Yard services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as request history, on our Web site. Some of this information will be sent to Rails development firms who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Rails development firms and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. You agree that by completing a service request, you are entering into a business relationship with Engine Yard and thus agree to be contacted by Engine Yard and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Engine Yard has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Engine Yard has the right to refuse any current or future use of the Engine Yard service (or any portion thereof) by you. You are responsible for any use of the Engine Yard services by persons to whom you intentionally or negligently allow access to your password.
3. YOUR USE OF THE ENGINE YARD SERVICES. You acknowledge and agree that your use of the Engine Yard services is for your personal or commercial use and not for any advertising purposes. You agree that all of the content and information posted on the Engine Yard Web site, including but not limited to Rails development firm profiles, screening information, and Ratings & Reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of Engine Yard, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Engine Yard for any such damages, and will indemnify Engine Yard in the event of any third party claims against Engine Yard based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Engine Yard Web site and services at any time. If it is determined or suspected by Engine Yard in its sole discretion that you are misusing or attempting to misuse or circumvent the Engine Yard services, or are using or attempting to use them for any inappropriate purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Engine Yard reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
4. LINKS TO THIRD PARTY SITES. The links in the Engine Yard Web site will let you leave Engine Yard’s Web site. The linked sites are not under the control of Engine Yard and Engine Yard is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Engine Yard is not responsible for webcasting or any other form of transmission received from any linked site. Engine Yard is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Engine Yard of the site.
5. NO PRE-SCREENING: Engine Yard allows Rails development firms to post profiles about themselves and their business on the web site. Engine Yard does not review or verify the information or representations set forth in those profiles as they are self-reported by the Rails development firm.
Procedures may change from time to time at the sole discretion of Engine Yard. Engine Yard does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, Engine Yard advises users to check these matters for themselves especially at future dates.
DISCLAIMER: ENGINE YARD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE.
6. POSTING RATINGS & REVIEWS ON RAILS-DEVELOPMENT.ENGINE YARD.COM
Engine Yard reserves the right, but not the obligation, to refuse to post or to remove any Review if Engine Yard determines (in its sole discretion) that it contains or features any of the following:
Further, the reviewer must provide permission to Engine Yard to contact the Rails development firm about his or her work request. If a dispute arises between a user and Rails development firm, the rating submitted may be held in pending status until resolution is reached.
Ratings & Reviews are not endorsed by Engine Yard.
All Ratings and Reviews of a Rails development firm displayed to you reflect the opinions of other users, and do not reflect or represent the opinions or representations of Engine Yard. Engine Yard disclaims any and all representations or warranties with regard to the Ratings and Reviews.
Reviews do not reflect the views of Engine Yard or its employees, officers, directors, or shareholders.
Engine Yard does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY ENGINE YARD, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE ENGINE YARD SERVICES OR IN CONNECTION WITH THE ENGINE YARD WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
8. GENERAL PROVISIONS. You acknowledge and agree that the Engine Yard services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and Engine Yard’s sole obligation to you or any third party for any claim arising out of your use of the Engine Yard services or the Engine Yard Web site, is that you are free to discontinue your use of the Engine Yard services or the Engine Yard Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ENGINE YARD EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT ENGINE YARD SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF ENGINE YARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Engine Yard’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Engine Yard to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Engine Yard services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in San Francisco County, California.