Effective as of December 30, 2018
2. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing and using our Website, you agree to obey and respect the law (including but not limited to copyrights and intellectual property ). You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and the burden of proving that any Content does not violate any laws or third party rights rests solely with you.
3. PROHIBITED USES.
We impose certain restrictions on your permissible use of our Website. You are prohibited from violating or attempting to violate any security features of our Website or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing our Website.
4. INAPPROPRIATE CONTENT.
5. LICENSE TO USE YOUR CONTENT.
You grant us a license to use any materials you post to our Website, if applicable. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to our Website, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives (collectively “Authorized Personal”) a license to use User Content in connection with the operation of the internet business of Authorized Personal, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on our Website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
6. COPYRIGHT INFRINGEMENT.
We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent at [email protected] :
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;(b) A description of the copyrighted work that you claim has been infringed;(c) A description of where the material that you claim is infringing is located on the Website;(d) Your contact information;(e) 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; and(f) 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.
7. AFFILIATED WEBSITES.
8. CLASS ACTION WAIVER AND ARBITRATION.
8.1. Class Action Waiver. Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of our Website shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.8.2. If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 8.2. is enforceable, the following mandatory arbitration provisions apply to you:8.3. Arbitration.8.3.1. This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). We and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to us briefly summarizing the claim and the request for relief to the following email address: [email protected] . If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings, or any other proceedings authorized herein.8.3.2. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.8.3.3. Any arbitration will be conducted in the English language.
9. NO WARRANTIES.
WE DISCLAIM ALL WARRANTIES. WE ARE MAKING OUR WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY.
OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE US AND OUR PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD).
You shall indemnify us and anyone on our behalf, including our directors, officers, employees, third party service providers and vendors from and against any and all liabilities, damages, claims, or proceedings arising out of your violating the Agreement.
14. CONTACT INFORMATION.