Date of last revision: January 1, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. By accessing or using this website, mobile application or other IRONSIDE product or service (collectively the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. IRONSIDE may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

Intellectual Property

All intellectual property on the Platform is owned by IRONSIDE or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the IRONSIDE name and logo design) are owned, registered and/or licensed by IRONSIDE. All content on the Platform, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of IRONSIDE; All rights reserved.

Platform Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase IRONSIDE products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform without IRONSIDE’s prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Links

The Platform may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). IRONSIDE does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. IRONSIDE is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

Mobile Services

The Platform contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply and you will be responsible for paying such amounts; IRONSIDE will in no way be responsible for payment of your carrier’s charges. Not all mobile services will work with all carriers or Devices. By using IRONSIDE’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

Indemnification

You agree to indemnify, defend, and hold harmless IRONSIDE, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

Limitation of Liability

IRONSIDE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS, EVEN IF IRONSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST IRONSIDE FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF IRONSIDE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, IRONSIDE’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

You agree that this Platform shall be deemed a passive website solely based in Massachusetts, USA, which does not give rise to personal jurisdiction over IRONSIDE in jurisdictions other than Massachusetts. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and IRONSIDE shall be governed in all respects by Massachusetts law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.