Augury Terms of Use

Last updated: February 2023

These Terms of Use are a binding agreement between Augury Inc. or its affiliates, as applicable (“Company,” “us” “our” or “we“) and you, the person or legal entity who uses (the “User,” “you” “your“) this website and any of its subdomains, related forms, landing pages (together, the “Website“), and any content, material, product, service or feature provided or made available through the Website (together with the Website, the “Services“). These Terms of Use, together with any other agreements, policies (including the Privacy Policy available at: https://augury.com/privacy-policy and the Augury Community Guidelines attached hereto) or any other terms incorporated thereto by reference shall hereby be collectively referred to as the “Terms“.

By accessing or using our Services, you agree to these Terms. Your use of the Services is expressly conditioned on your compliance and consent with these Terms. If you do not agree to any of the provisions of the Terms you should immediately stop using the Services.

Use of and access to the Services are void where prohibited by law. By using the Services, you represent and warrant that (a) your use of the Services does not violate any applicable law or regulation, and (b) that you are 18 years of age or older (or above the age of majority as determined by the applicable law in your jurisdiction of residency).

THE SERVICES; RESTRICTIONS ON USE

We grant you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:

• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services, our Website, or any content made available through our Services.
• modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services.
• access the Services or any content made available through our Website in order to build a similar or competing website, product, or service, unless otherwise agreed or licensed by us.
• reproduce, duplicate, copy or re-sell any part of our Services, unless otherwise agreed by us pursuant to a licensing agreement.

Without derogation from any other restrictions on your use of the Services contained herein or elsewhere in these Terms, you may only use the Services for lawful purposes, and you will not:

• use the Services in any way which breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent.
• attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services).
• knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• act in any manner that could interfere with, damage, disrupt, or negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner.
• use the Services (including any webpage and/or data that passes through our web domain), domain names, URLs, databases, functions or its content other than for private, non-commercial purposes.
• use of any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from the Services absent our written consent.
• act in any way which would infringe ours, or any person or entity’s intellectual property, or any other proprietary rights.
• attempt to harvest, collect, gather or assemble information or data regarding the Website, the Services, the content or any other user of the Services.

INTELLECTUAL PROPERTY

The Company owns (or has valid authorizations or licenses required for) the Services, as well as the materials provided through its Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein (subject to such trademarks, service marks, and logos which are expressly denoted as belonging to third parties). All rights in the foregoing and all rights not expressly granted hereunder are reserved by the Company to the fullest extent permitted under any applicable law. In addition, we will own any intellectual property in respect of features or functionalities of the Services that are based on your suggestions, improvements or feedback. You hereby grant us a license to use the data inputted by you for the purpose of using the Services or facilitating the use of the Services, including any feedback, comments or suggestions provided by you to enable us to provide the Services or to incorporate the feedback into the Services.

Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, decipher, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services, any content appearing on the Services, or any material that is subject to our proprietary rights. You may not use any of the foregoing to create any software or service similar to the Services.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.

You may not or attempt to (a) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (b) use any robot, spider, website search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (c) harvest, collect or mine information about users of the Services.

BREACH OF OUR TERMS

We take all breaches of our Terms seriously and if we do consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following (without limiting any right or remedy available to us under applicable laws):

• The immediate, suspension or permanent removal of your right to use our Services;
• Issuing a warning to you;
• Legal action against you, which may extend to legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all actions we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

THIRD PARTY WEBSITES

The Services may contain links to websites or services that are not maintained by the Company. Links to third party websites or services are provided for your convenience and information only. Third party websites and services are not under the Company’s control and the Company is not responsible for the content or accuracy of those websites or services offered on or through those links. The inclusion of a link through the Services does not imply the Company’s endorsement of the third party website or services or that the Company is affiliated with the owners or sponsors of those websites or services.

You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites, services, resources or advertisements, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. We recommend that you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website or services that you visit or use.

DISCLAIMERS OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILBLE” AND “WITH ALL FAULTS” BASIS, AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF THE SERVICES, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. THE USE OF THE CONTENT PROVIDED IN THE SERVICES IS AT THE USER’S SOLE RESPONSIBILITY AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE HELD LIABLE, IN ANY WAY, FOR ANY DAMAGE OR LOSS THAT MAY BE CAUSED, EITHER DIRECTLY OR INDIRECTLY, DUE TO THE USE OF THE SERVICES. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS, WILL BE FREE FROM VIRUSES OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOLWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMLPOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, OR IMPROPER USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICES IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless the Company, its affiliates and each of their employees, contractors, directors, officers, suppliers, agents, service providers and representatives from all liabilities, losses, claims, and expenses (including without limitation to reasonable attorney’s fees), including, but not limited to, with respect to any third party claims that arise from or relates to:

(a) your access, use or misuse of the Services;
(b) your breach of any provision of these Terms or of any applicable law, contract, policy, regulation or other obligation;
(c) your negligence, intentional misconduct, or fraud.

The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with the Company in connection therewith.

CHANGES TO THE SERVICES

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, in whole or in party, the Services without notice, at any time. You agree that your continued use of the Services following such modifications constitutes your acceptance of such modifications.

TERM AND TERMINATION

These Terms commence upon your first use of the Services and will remain in effect until terminated or expired. You may stop using the Services at any time, at your sole discretion. The Company may stop providing the Website, and may terminate use of it at any time upon its sole discretion without giving notice of termination to you. Upon any termination, (a) the rights granted to you in these Terms will end; (b) you shall stop using the Services.

The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.

Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.

GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of Israel, and the competent courts of Tel Aviv shall have exclusive jurisdiction over all disputes between the parties related to these Terms; notwithstanding the foregoing, the Company may file a suit for collection of payment in any country where you or your entity are located.

GENERAL

Changes to Terms. Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Website. You are responsible for checking the Website regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.

Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company.
Entire Agreement. These Terms contain the entire agreement between Company and you relating to your use of the Services and supersedes any and all prior agreements between Company and you in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Company in these Terms.

Assignment. You may not assign your rights or delegate your obligations under these Terms without Company’s prior written consent. Any purported assignment contrary to this section will be null and void and without effect. Company may assign its obligations under these Terms without your consent and without notice or obligation to you.

No Third-Party Rights. There are no third-party beneficiaries to these Terms.

Force Majeure. Company shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond Company’s reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Services shall not be deemed within Company’s reasonable control.

COMMUNICATION

If you have any questions about these Terms or about the Company in general, please contact us using the “Contact Us” form available here: https://augury.com/contact.

Please note that depending on the nature of your inquiry, and in order to allow the appropriate handling thereof, we may request that you provide additional information.

AUGURY COMMUNITY GUIDELINES

Thank you for being part of the Augury Community (the “Community”). To ensure the best experience for all members, we have put together some basic guidelines for participation. By joining and using the Community, you agree that you have read and will follow these guidelines. In order to preserve an environment that encourages both kind and productive conversations, we reserve the right to suspend or end membership in the Community of anyone who doesn’t follow these rules, without derogation from any right or remedy available to us under applicable law.

BE KIND!

The Augury Community is a resource for all Augury users – a place to share knowledge, skills and experience through ongoing conversation. Together, let’s build a collaborative environment and ensure everyone feels welcome to participate and contribute.

If we need to, we’ll edit, remove or merge content as we deem fit to maintain the quality of content in the Community.

Posts that are mean (you know – hateful, inflammatory, harassing, etc.) will have to be taken down. As your parents might have said, if you don’t have something nice to say, just don’t say it.

It is OK to disagree, but be sure to politely criticize ideas, not people. Focus on the content of posts and not on the people making them. Please extend the benefit of the doubt to newer guests and members; there’s no such thing as a stupid question.
Respect intellectual property. Only post content that you have personally created or have permission to use and have properly attributed to the content creator.

CREATE GOOD CONTENT

Maybe your question has already been asked. Do a search first before posting!
Short and clear titles are faster to read and make it easier for everyone to search for content.

Utilize the tagging feature when searching for content and add tags to your posts.

Try to stay on the original topic within a thread – if you want to talk about something else than the original post, please create a new thread.

We’d love to hear your successes, challenges, constructive feedback, questions and goals, instead of products or services that you provide. If you’ve found a product or service helpful, please share your experience, but don’t try to sell.

You, as a Community member, are not allowed to send unsolicited direct, private messages offering your services to other users.

Information posted on the discussion groups is available for all to see. All content is subject to libel, slander and antitrust laws.

IMPROVE THE DISCUSSION – THE MORE YOU GIVE, THE MORE YOU GET BACK

Remember when you posted that question and needed help right away with an answer? Being an active member of the Community (like adding your own comments and feedback to other questions, not just your own) helps everyone get the answers they need when they need help.

Try to provide full, complete and reproducible information so Community members can answer your question. Unfortunately, vague questions will only get vague answers.
Send messages such as “thanks for the information” or “me too” to individuals, not to the entire thread.

Update your notifications in each category, group and in your profile to ensure that you don’t miss relevant posts.

If you are changing email addresses, you do not need to remove yourself from the Community and rejoin under your new email address. Simply change your profile.

MAKE MEANINGFUL CONNECTIONS – YOU NEVER KNOW WHO YOU’RE GOING TO MEET

Augury users are a brilliant group of leaders. Trust us, our team learns something new from you all every day! We built this Community to provide a space where all of our users can connect and share ideas, use cases, experiences and custom solutions about how they use Augury. Take advantage – leverage the cumulative knowledge of this group to power your own success.

Fill out your entire profile to give others a sense of your expertise and experience when they are reading your posts – the more information, the better. Your email will be hidden by default and will only be made public if you choose to make it public.
Contact others in the Community by either mentioning them in a post with the @ symbol or sending them a message directly from your inbox.

The relationships you build with your fellow Community members are your own. When connecting with someone one-on-one we recommend you look at a user’s profile and their history of comments, check their LinkedIn profile, or do some research on your own before teaming up!

USE APPROPRIATE CHANNELS FOR PRODUCT SUPPORT AND ISSUE ESCALATION

For questions related to how you’ve implemented things in your environment, ask your Augury customer support manager to log a case with Augury Support or submit your issue to support@augury.com. Your customer success manager can assist you with escalating issues and troubleshooting possible authorization or security bugs.

Never describe potential security vulnerabilities or inappropriate authorization bugs in Community posts.

IF YOU SEE SOMETHING, SAY SOMETHING – BE OUR EYES AND EARS

The Augury team makes its best efforts to make sure content is easy to find and everyone is following the guidelines outlined here. However, there are a lot more of you than there are of us, so be sure to send any feedback or comments our way!

Message the Community manager about any post that you believe is inappropriate or out of place and we will review it.

Send any feedback about how we can improve the community experience to our team by emailing the Community manager.

SAFE HARBOR FOR FORWARD-LOOKING STATEMENTS

All comments and statements by Augury regarding features, functionality and services that are not currently available, statements relating to the expected performance or benefits of our offerings, and any other statements of expectation or belief are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of our control. Therefore, you should not rely on any forward-looking statements that we may make.

THE LEGAL STUFF

As used herein, “User Content” means any material Community members upload, comments they post, or other content that Community members provide to the Community.

1. BE HONEST AND TRUTHFUL a. Any information, advice, recommendation and any User Content you provide must be genuine and based on your own true experience. b. Do not mislead users, including, without limitation, by distorting or omitting material information. c. Do not post any User Content pertaining to a certain service, brand or product if there is a material connection between yourself and any such service, brand or product referred to in your User Content, without first notifying and receiving Augury’s prior written approval. A ‘material connection’ is any connection that might affect the weight or credibility that readers give your User Content (for example, the existence of a business or family relationship, your receipt of monetary or other form of benefit from a company or person, etc.).
2. PROHIBITED CONTENT You may not, under any circumstances: a. Post User Content that is abusive, threatening, obscene, defamatory or libelous; is racial, sexual, religious, contains nudity, or is otherwise objectionable or offensive; promotes or incites violence or violates any applicable law or regulation, including by promoting illegal products or controlled substances. b. Post User Content or a link to User Content that infringes or violates Augury’s or someone else’s intellectual property or other proprietary rights, or that discloses, aids or facilitates the disclosure of Augury’s or of someone else’s confidential information, including business practices or implementation specifics. c. Disseminate, disclose or publish confidential Augury information shared on the Community (for example, future product functionality and update schedules) in public forums such as social media, blogs or external discussion groups. d. Post User Content or a link to User Content containing malicious User Content, including, without limitation, viruses, malware, or spyware. e. Harass, abuse or harm, or advocate or incite harassment, abuse or harm of, another person or group. f. Impersonate any person, including, without limitation, another Community user or an Augury employee. g. Post any information that you are not comfortable sharing with another person. Never post personally identifiable information (PII). Always remove or black out personally identifiable information in screenshots or attachments. h. Publish or threat to publish any content that reveals information about or the identity of another person. i. Imply or suggest that your posting is endorsed or approved by Augury (unless that’s really the case). Content downloaded from the Community may only be used in compliance with your company’s applicable agreement with Augury. For trademark or logo-related questions or permissions, please contact the Community manager. j. Use the Community, without Augury’s explicit written authorization, for any commercial purpose. Any commercial activity may also be subject to additional terms or an agreement, at Augury’s sole and absolute discretion. k. Run automated tests or scripts. Automated scripts or bots are not allowed on the Community.
3. COMPLY WITH THE LAW AND OUR TERMS AND CONDITIONS You will not, under any circumstances: a. Use the Community, intentionally or unintentionally, in violation or breach of any applicable law or regulation, or in a way that may put Augury in violation or breach of any applicable law or regulation, or in a way that promotes the violation or breach of any applicable law or regulation. b. Copy, download, modify or distribute User Content from the Augury Community or any other content appearing on the Augury website or app, except with Augury’s express written permission. c. Engage in any act that Augury deems in its sole discretion to be in conflict with these guidelines or the spirit or purpose of the Community, including by attempting to circumvent these guidelines, the terms and conditions of Augury’s website, or any of the Augury’s policies.
4. YOUR REPRESENTATIONS When you create, upload or contribute User Content, you represent to us that: a. Your use of the Community, including, without limitation, your User Content, does not violate these Community guidelines or any applicable laws. b. You will not use the Community (unless explicitly agreed upon by Augury in writing by entering into a written agreement which will include the terms for such usage) for: (i) placing or delivering advertising materials, sponsorship, or promotions; and/or (ii) creating content items for the benefit of a third party that has either commissioned and/or paid for the creation of such items and/or received it for free or as add-ons as part of a sponsorship packages. c. You have obtained all rights (including intellectual property rights) and approvals, necessary to grant Augury the license provided herein in connection with the User Content, and that your use of the User Content doesn’t conflict with any permits or licenses you may have granted to others. d. You are solely responsible for the User Content, and assume all risks associated with it, including any person’s reliance on its accuracy or claims that might stem from such User Content, as well as any liability, cost, expense or loss to Augury or to any third party resulting from such User Content. e. You understand that we are under no obligation and do not guarantee that the User Content will be displayed or promoted on the Community. f. You understand that although we exercise reasonable efforts to preserve the materials stored in the Community, you are solely responsible for creating back-ups of your User Content, and we shall not be responsible or liable in any way for the failure to preserve your User Content.
5. GRANT OF LICENSE When you create, publish, post, upload or contribute User Content, you grant Augury an irrevocable, non-exclusive, worldwide, transferable, perpetual, royalty-free, sub-licensable license to: a. Use, copy, store, publish, display, broadcast, make publicly available, exploit, link, distribute, reproduce, download, translate, abridge, amend, modify, adapt, create derivative works of and otherwise use the User Content, and to allow Augury to sublicense others to do so, for the purpose of providing, publishing, embedding, distributing or promoting Augury’s services (including for any advertising or commercial purposes related thereto). You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content; and b. Identify and credit you as the creator or translator of such User Content and use any information that you have provided during your registration to the Community feature in connection with the publication, distribution, advertising or promotion of the User Content. However, this does not require or obligate us to provide such credit, if any, to you, and we reserve the right to omit such credit at our sole discretion. The license detailed in this section will remain in full force and effect for perpetuity, regardless of the termination of your account or your use of Augury’s services (including if you decided to delete your User Content), for any reason whatsoever.
6. LIMITATION OF LIABILITY; WARRANTY DISCLIAMER; INDEMNIFICATION a. Augury reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content or other data or to restrict, suspend or terminate any user’s access to all or any part of the Community at any time, for any or no reason, with or without prior notice, and without liability. You agree that Augury accepts no liability whatsoever if it refuses to post your User Content or edits, restricts or removes it, or restricts, suspends or terminates your access to the Community. b. You acknowledge that Augury may monitor User Content in an attempt to ensure User Content complies with applicable law and these guidelines or other Augury policies or terms and conditions; however, nothing contained herein or elsewhere in Augury’s policies or terms and conditions, shall be construed as requiring Augury to monitor or edit the User Content. If at any time Augury chooses, in its sole discretion, to monitor or edit User Content, Augury shall not be regarded as assuming any responsibility for anything submitted, or as having any obligation to modify or remove any inappropriate materials or information or as having any responsibility for the conduct of any user. c. Augury does not endorse and has no control over what users post or submit as User Content. Augury makes no warranties, express or implied, as to the accuracy and reliability of any material or information posted as User Content. Augury assumes no responsibility or liability for User Content. You agree to release Augury and its affiliates, together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your User Content. d. To the fullest extent permissible under law, Augury shall have no responsibility for any loss or damage resulting from any User Content posted on or through the Community, or from the conduct of any users, whether online or offline. THE COMMUNITY AND ANY USER CONTENT ARE PROVIDED “AS-IS” AND AS AVAILABLE WITH ALL FAULTS, AND AUGURY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL AUGURY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF AUGURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT AUGURY’S LIABILITY CANNOT BE FULLY EXCLUDED IN AN APPLICABLE JURISDICTION, IN SUCH CASE AUGURY’S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS (US$100.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. You agree to defend, indemnify and hold Augury and its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party (including any competent authority) arising out of or in connection with: (i) your breach of these Community guidelines, (ii) violation of any applicable laws; or (iii) any User Content you post.