Sequence Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
As used herein, "Site" refers to any sites on the World Wide Web originating in the United States that are owned and/or operated by Sequence, LLC ("Sequence"). By using the Site, you indicate your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you have no right or license to access the Site and you should not do so.

Sequence reserves the right, in its sole discretion, to change, modify or otherwise update these Terms of Use at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.

Sequence may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature or content. Sequence may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on the Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and/or controlled by Sequence and/or the third-party provider of the material. The entire contents of the Site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the Site. No material from the Site or any Web site owned, operated, licensed, or controlled by Sequence may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on the Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to Sequence or the other designated owner of a posted mark. Elements of the Site are protected by other laws and may not be copied or imitated in whole or in part.

SUBMISSIONS AND PUBLIC FORUMS
This Site may include blogs, message boards, e-mail and other interactive functions ("Forums") which allow feedback and submissions to the Site and real-time interaction between users. Our discussion forum is currently accessible at the URL [] (the "Forum"). By joining and using the Forum, you have agreed to be bound by these Terms of Service and our Privacy Policy. Terms of Use directly applicable to use of such Forums include the following:

1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials ("Content"), whether publicly posted or privately transmitted, that you submit to any of the Forums are your sole responsibility. This means that you, and not Sequence, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Forums.
2. Sequence does not endorse or control the Content delivered to the Forums, and Sequence has no obligation to monitor such Content. As such, Sequence does not guarantee the accuracy, integrity or quality of any such Content. However, Sequence reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Content, in whole or in part, that is in violation of these Terms of Use or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. Sequence further reserves the right at all times to preserve any Content or to disclose any Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sequence, its users and the public.
4. You understand that by using the Site, including its Forums, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Sequence be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site, including its Forums.
5. It is a condition of your access and use of the Site that you do not:
   1. Restrict or inhibit any other user from using and enjoying the Site;
   2. Harm minors in any way;
   3. Impersonate any person or entity, including, but not limited to, an employee or representative of Sequence, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted by means of the Site;
   5. Upload, post, email or otherwise distribute, publish or transmit on the Site any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   6. Upload, post, email or otherwise distribute, publish or transmit on the Site any unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
   7. Upload, post, email or otherwise distribute, publish or transmit on the Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
   8. Upload, post, email or otherwise distribute, publish or transmit on the Site any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or
   9. Upload, post, email or otherwise distribute, publish or transmit on the Site or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"), advertising, promotion or marketing for goods or services;
   10. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
   11. Interfere with or disrupt the Site or servers or networks serving the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
   12. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
   13. "Stalk" or otherwise harass another; or
   14. Collect or store personal data about other users.
6. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Sequence a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
7. You warrant that any materials you upload, post, email or otherwise distribute, publish or transmit on the Site contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto. You agree to indemnify, defend, and hold Sequence harmless from and against any losses, including but not limited to reasonable attorneys fees and costs incurred by Sequence in its defense, resulting from any claim arising from your conduct that violates any provision of the Terms of Use, including, but not limited to, the warranties contained in this paragraph.

TAKEDOWN PROVISIONS
If you believe that materials that have been posted on the Site have copied your work in a way that constitutes copyright infringement, please provide Sequence's Copyright Agent (identified below) the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where (by URL and physical description) the material that you claim is infringing is located on the Site.
4. Your address, telephone number, and email address.
5. A 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.
6. 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.

Sequence's Copyright Agent is:

Amanda A. North
Sequence LLC
1501 Mariposa St., Suite 416
San Francisco, CA 94107
415-489-4480
amanda@sequence.com

Upon our receipt of a takedown notice materially complying with all of these requirements, we will remove, or cause to be removed, the identified materials. The individual that had posted such materials will then have an opportunity to demand reposting. You will receive notice of such if the individual properly requests reposting. Repeat offending websites, contributors (if any), or account holders (if any) will be terminated.

PURCHASE OF PRODUCTS AND SERVICES FROM THIS SITE
The purchase of any products and/or services from the Site or any site linked to from the Site is governed by the terms and conditions of the sales transaction with the provider of the product and/or service and/or the site from which the product and/or service is purchased. Sequence MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS/SERVICES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Sequence does not have any responsibility for the processing or delivery of products and/or services purchased.

LINKED SITES
This Site may contain links and pointers to Internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply Sequence's endorsement. Sequence has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.

JURISDICTIONAL ISSUES
The Site is controlled and operated by Sequence from its offices in the State of California, United States of America. Sequence makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

ENFORCEABILITY AND TERMINATION OF AGREEMENT
f any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with any other terms, conditions or policies set forth elsewhere in the Site, constitute the entire agreement between you and Sequence in connection with your access and use of the Site.

Sequence may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, failure to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use the Site, and the restrictions imposed on you with respect to materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.

DISCLAIMER
Your access to and use of the Site is at your sole risk. If you are dissatisfied with any of the materials contained in the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site. THE MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VARIETALS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. VARIETALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. VARIETALS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO LIABILITY
To the fullest extent permitted by applicable law, Sequence and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Sequence or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

You hereby agree to indemnify, defend and hold harmless Sequence and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Sequence and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Use (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in the Site. You shall cooperate as fully as reasonably required in the defense of any claim. Sequence reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Because you have acknowledged that, at its sole discretion and for any reason, Sequence may edit, refuse to post or to delete any Content that you post, in whole or in part, and may terminate or suspend your access to all or part of the Site, that you have granted (or warranted that the owner of such rights has expressly granted) to Sequence a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Content, you hereby agree that if you unsuccessfully prosecute a claim against Sequence and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Content that you post, to terminate or suspend your access to all or part of the Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse Sequence and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).

REGISTRATION/SUBSCRIPTION
As part of any registration and or subscription processes, you may, at the sole discretion of Sequence, be given a password and a subscriber ID. In such event, you will also have to give us certain registration information, all of which must be accurate and updated.

1. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that Sequence, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
2. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Sequence.
3. You shall notify Sequence at 415-489-4480 of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
4. Sequence reserves the right to verify any information supplied you for purposes of billing.
5. You may share your password and subscriber ID with others, but you are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Sequence's sole discretion, and Sequence may refer you to appropriate law enforcement agencies.

MINORS
This site may contain material that may not be appropriate for minors or children. If there is a concern by parents that children may visit this site, Sequence recommends using a parental control software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications.