Last Updated: April 6, 2023
PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A CLASS ACTION WAIVER AND MANDATORY BINDING ARBITRATION. PLEASE READ THESE PROVISIONS BEFORE USING THE SITES OR ANY OF OUR PRODUCTS OR SERVICES.
Intellectual Property Rights
Unless otherwise indicated, the Sites are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Sites (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. The Content and the Marks are provided on the Sites “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Sites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal or internal business use. We reserve all rights not expressly granted to you in and to the Sites, the Content and the Marks.
By using the Sites, you represent and warrant that: (1) all registration information and other information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the Sites through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Sites for any illegal or unauthorized purpose; (8) your use of the Sites will not violate any applicable law or regulation; (9) if you have provided personal contact information to us, including but not limited to, a phone number or email address, not only do you represent that such information is true, accurate, current, and complete, but that you will immediately notify us if that information changes (including if your phone number is transferred, assigned or terminated).
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof), and to seek indemnification from you pertaining to any damages that we incur as a result of your actions and conduct.
The information provided on the Sites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws to the extent local laws are applicable.
You may be required to register with the Sites. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Fees And Payment
We accept various methods of payment including debit/credit cards and third-party providers such as PayPal. We may offer other payment options in certain locations. You agree to provide current, complete, and accurate purchase and account information for all purchases you elect to make via the Sites. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you and process payment through a third party payment processor. Sales, use or similar taxes will be added to the price of purchases where we determine it is applicable – the total price including applicable taxes will be shown at check-out before you complete your purchase. We may change our prices at any time. All payments shall be in the currency indicated on the payment page.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. For certain products or services, we may offer a payment plan option that allows you to receive the product or service upfront, in exchange for future payments. Failure to make future payments as agreed may result in reporting of your information to credit bureaus or similar credit reporting entities and appearing on your credit report.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Sites.
Cancellation and Customer Service
If you purchase a subscription to one or more of our services, you can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. No refunds will be provided for our subscription services.
If you are dissatisfied with any of our products or services, please contact the support team for the specific brand, and we will provide appropriate assistance.
You may not access or use the Sites for any purpose other than that for which we make the Sites available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Sites, you agree not to:
- Distribute log in details so that multiple users are sharing one log in.
- Sell or otherwise transfer your profile.
- Use a buying agent or purchasing agent to make purchases on the Sites.
- Use the Sites to advertise or offer to sell goods or services.
- Use the Sites as part of any effort to compete with us.
- Attempt to impersonate another user or person or use the username of another user.
- Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Engage in unauthorized framing of or linking to the Sites.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use any information obtained from the Sites in order to harass, abuse, intimidate, threaten or harm another person.
- Delete the copyright or other proprietary rights notice from any Content.
- Circumvent, disable, or otherwise interfere with security-related features of the Sites, including features that: (a) prevent or restrict the use or copying of any Content; (b) enforce limitations on the use of the Sites and/or the Content contained therein; or (c) prevent or restrict access to any portion of the Sites.
- Copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Sites.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Systematically retrieve data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Sites, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Interfere with, disrupt, or create an undue burden on the Sites or the networks or services connected to the Sites.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Sites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Sites.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Sites, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Sites.
- Use the Sites in a manner inconsistent with any applicable laws or regulations.
User Generated Contributions
The Sites may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Sites, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material but excluding personal data (collectively, “Contributions”). Contributions may be viewable by other users of the Sites and through third-party websites if you post them on certain portions of the Sites (for example, user reviews). As such, any Contributions you post may be treated as non-confidential and non-proprietary. When you submit, create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Sites, and other users of the Sites to use your Contributions in any manner contemplated by the Sites and these Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Sites and these Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not harass, ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another person.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any national, federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical or mental disability.
- Your Contributions do not link to material that violates any provision of these Terms or any applicable law or regulation. Any use of the Sites in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Sites.
By submitting or posting your Contributions to any part of the Sites or making Contributions accessible to the Sites, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, to use, to display, and to prepare derivative works of such Contributions for the purposes of delivering our services to you, refining our services and the Sites, and developing new services, and you grant and authorize sublicenses of the foregoing. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership right over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Sites. You are solely responsible for your Contributions to the Sites and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Sites; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
If you believe that any material available on or through the Sites infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the Notification must include substantially the following:
- Your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed;
- identification of the material on the Sites that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
- your contact information including your name, mailing address, telephone number and, if available, email address;
- a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the notice is accurate; and
- a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
If you do not comply with these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Sites infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA. Thus, if you are not sure that material located on or linked to by the Sites infringes your copyright, you should consider first contacting an attorney. U.S. Government Rights.
You acknowledge and agree that any questions, comments, suggestions, ideas, or feedback regarding the Sites (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
As part of the functionality of the Sites, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Sites; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that: (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Sites via your account, including without limitation any friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Accounts may be available on and through your account on the Sites. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Sites. You will have the ability to disable the connection between your account on the Sites and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purpose of identifying and informing you of those contacts who have also registered to use the Sites. You can deactivate the connection between the Sites and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your Sites account(s).
Third-Party Websites And Content
The Sites may contain (or you may be sent via the Sites) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Sites or any Third-Party Content posted on, available through, or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Sites for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites.
Term And Termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Sites at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Sites. We also reserve the right to modify or discontinue all or part of the Sites without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Sites.
We cannot guarantee the Sites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Sites, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Sites during any downtime or discontinuance of the Sites. Nothing in these Terms will be construed to obligate us to maintain and support the Sites or to supply any corrections, updates, or releases in connection therewith.
Class Action Waiver. You and we each waive any right to trial by jury or to participate in a class action. You and we agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or action. Arbitration will take place on an individual only basis; Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted under any circumstances.
Governing Law. All claims, disputes, or other legal proceedings by or between you or us, including but not limited to, any claims or disputes that are in any way related to or arising under these Terms, your access to or use of the Sites, or your receipt of communications (including text messages, emails and/or phone calls) from us, shall be governed by the laws of the United States of America and the State of Delaware without giving effect to any conflict of laws principles that may otherwise provide for the application of the law of another jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded by these Terms. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the “Agreement to Binding Arbitration” provision below. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Binding Arbitration” provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Miami-Dade County, Florida or the federal courts in the District of Delaware, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes (to the extent that any such claim or dispute may be excluded from the mandatory arbitration provision herein).
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. You may provide notice to us using the information provided in the “CONTACT US” section below. To the fullest extent permitted by law, the commencement of a lawsuit (to the extent that a claim or dispute may be excluded from the mandatory arbitration provision herein) or arbitration shall not be permitted without first complying with this Informal Negotiations paragraph.
Agreement to Binding Arbitration. Subject to the Exceptions to Arbitration set forth below, you and we each agree that any and all disputes arising under or in any way related to these Terms, your use of the Sites, or your receipt of communications (including text messages, emails and/or phone calls) from us (including but not limited to, our affiliates, third party vendors or marketing partners, related companies, or third parties acting on our behalf) must be resolved through binding arbitration as described in this section.
Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases; (b) legal proceedings that involve efforts to obtain user identifying information; (c) any legal proceedings brought by the Company against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; (d) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (e) where the application of this provision is prohibited by applicable law.
Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this section, and will be administered by the AAA. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or us shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules at the time the arbitration is commenced, the arbitration shall be held in Dover, Delaware. For any claim where the total amount of the award sought is $10,000 or less, you and we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or we may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Sites user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Limitation to Assert a Claim. In no event shall any Dispute against us be commenced more than one (1) year after the event, act or omission giving rise to the claim occurred.
There may be information on the Sites that inadvertently contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Sites at any time, without prior notice.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WHICH MEANS THAT WE GIVE NO GUARANTEES AS TO THE OPERATION OF THE SITES. YOU AGREE THAT YOUR USE OF THE SITES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITES AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE SERVERS; (4) ANY INTERRUPTION OR CESSATION OF ANY TRANSMISSION TO OR FROM THE SITES; OR (5) ANY VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO THE OCCURRENCE GIVING RISE TO ANY CLAIM. CERTAIN STATE OR NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of: (1) your Contributions or Submissions; (2) your use of the Sites; (3) your breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any harmful act by you toward any other user of the Sites with whom you connected via the Sites; or (7) you providing personal contact information to us, including but not limited to, a phone number or email address, that is not true, accurate, current, and complete. Notwithstanding the foregoing unless prohibited by applicable law, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Electronic Communications, Transactions, And Signatures
Visiting the Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
SMS and Text Messages and Communications
These Terms and any policies or operating rules posted by us on the Sites or in respect to the Sites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Sites. Except where prohibited by applicable law, you agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Sites or to receive further information regarding use of the Sites, please contact us at firstname.lastname@example.org.