These Terms of Use constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and PhotoADKing(“Company”,”we”,”us”,or”our”), concerning your access to and use of the www.photoadking.com website as
well as any other media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by
accessing the Site, you have read, understood, and agree to be bound by all of these Terms of
Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS
OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the “Last updated” date of these
Terms of Use, and you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Terms of Use to stay informed of updates.
You will be subject to, and will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of the Site after the date
such revised Terms of Use are posted.
The
information provided on the Site is 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 Site from other
locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for the Site.
Unless otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other intellectual property rights
and unfair competition laws of the United States, foreign jurisdictions, and international
conventions. The Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part of the Site 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 Site, you are granted a
limited license to access and use the Site and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the
Marks.
By using the Site, you represent and warrant that: 1) all
registration 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 of Use;(4) you
are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through
automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the
Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any
applicable law or regulation.
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 Site (or any portion thereof).
You may be required to register with the Site. 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.
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some of our
services. You agree to provide current, complete, and accurate purchase and account information for
all purchases made via the Site. 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 through an
online billing account for purchases made via the Site. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments
shall be in U.S. dollars.
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. 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.
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 Site.
All purchases are non-refundable.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.
The PhotoAdKing subscription can be purchased by choosing one of the
following plans: Monthly Starter Plan, Monthly Pro Plan, Yearly Starter Plan, or Yearly Pro Plan (All plans
renewed automatically).
The PhotoAdKing subscription is renewed automatically 1 month or 1 year
after the date of purchase. The users can cancel their subscriptions before it is automatically renewed. If
the PhotoAdKing subscription is canceled by the user, or the PhotoAdKing subscription is canceled due to the
inability to withdraw funds for the next period, the content and tools included in the PhotoAdKing
subscription plan become unavailable from the first day after the paid period ends.
If the user decides to cancel the automatic renewal of the PhotoAdKing
subscription, she/he has to do it in the Pricing screen the Unsubscribe button.
Unlike physical goods, electronically distributed software and deliverables
can be duplicated. Once a purchase has been made, it is unfortunately not possible for us to recall all
copies/deliverables (such as designs downloaded from PhotoAdKing.com). Therefore, the Company does not
generally offer refunds, returns, or exchanges, except when required by law or in rare occasions when the
Service can be proven not to match the description provided over the Company’s official communication channels
at the date of the purchase.
So, we do not issue refunds for digital products once the order is confirmed
and the product is sent.
If you are unsatisfied with our services, please email us at
help.photoadking@gmail.com.
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site 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 Site, you agree not to:
1. Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
2. Make any unauthorized use of the Site, 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.
3. Use a buying agent or purchasing agent to make purchases on the
Site.
4. Circumvent, disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
5. Engage in
unauthorized framing of or linking to the Site.
6. Trick, defraud, or mislead us and other
users, especially in any attempt to learn sensitive account information such as user
passwords.
7.
Make improper use of our support services or submit false reports of abuse or misconduct.
8.
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.
9. Interfere
with, disrupt, or create an undue burden on the Site or the networks or services connected to the
Site.
10. Attempt to impersonate another user or person or use the username of another
user.
11. Sell or otherwise transfer your profile.
12. Use any information obtained from the Site in
order to harass, abuse, or harm another person.
13. Use the Site as part of any effort to
compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
14. Decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Site.
15. Attempt to bypass any
measures of the Site designed to prevent or restrict access to the Site, or any portion of the
Site.
16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
17. Delete the copyright or other proprietary rights
notice from any Content.
18. Copy or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
19. 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 Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of the Site.
20.
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”).
21. 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 Site, or using or launching any unauthorized script or
other software.
22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Site.
23.
Use the Site in a manner inconsistent with any applicable laws or regulations.
The
Site 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 Site, including
but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
“Contributions”). Contributions may be viewable by other users of the Site and
through third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
1. 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.
2. You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of
Use.
3. 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 Site and these Terms of Use.
4. Your
Contributions are not false, inaccurate, or misleading.
5. Your
Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
6. Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your Contributions do not advocate the violent
overthrow of any government or incite, encourage, or threaten physical harm
against another.
9. Your Contributions do not violate any
applicable law, regulation, or rule.
10. Your Contributions do not
violate the privacy or publicity rights of any third party.
11.
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.
12. Your Contributions do
not violate any federal or state law concerning child pornography, or
otherwise intended to protect the health or well-being of minors;
13.
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link
to material that violates, any provision of these Terms of Use, or any
applicable law or regulation.
Any
use of the Site in violation of the foregoing violates these Terms of Use and
may result in, among other things, termination or suspension of your rights to
use the Site.
By posting your Contributions to any part of the Site or making
Contributions accessible to the Site by linking your account from the Site to any of your social
networking accounts, you automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate into
other works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through any
media channels.
This
license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide. 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 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 Site. You are solely responsible for your Contributions to the Site
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 Site; 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.-
As part of the
functionality of the Site, 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 Site; 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 Site 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, personally identifiable
information that you post to your Third-Party Accounts may be available on
and through your account on the Site. 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 Site.
You will have the ability to disable the connection between your account on
the Site 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 purposes of
identifying and informing you of those contacts who have also registered to
use the Site. You can deactivate the connection between the Site 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 account.
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site (“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.
Our services are “commercial items” as defined in Federal
Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on
behalf of any agency not within the Department of Defense (“DOD”), our services
are subject to the terms of these Terms of Use in accordance with FAR 12.212
(for computer software) and FAR 12.211 (for technical data). If our services are
acquired by or on behalf of any agency within the Department of Defense, our services are subject
to the terms of these Terms of Use in accordance with Defense Federal
Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical
data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes,
any other FAR, DFARS, or other clause or provision that addresses government
rights in computer software or technical data under these Terms of Use.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, 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 or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site 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 Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We care about data privacy and security. Please review our Privacy
Policy: www.photoadking.com/legal-information/privacy-policy/ . By using the Site, you agree
to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised
the Site is hosted in the United States. If you access the Site from the European
Union, Asia, or any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the United States, then through your
continued use of the Site,you are transferring your data to the United States, and you expressly
consent to have your data transferred to and processed in the United States.Further, we do not
knowingly accept, request, or solicit information from children
or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under the age of 13 has
provided personal information to us without the requisite and verifiable parental
consent, we will delete that information from the Site as quickly as is reasonably
practical.
We
respect the intellectual property rights of others. If you believe
that any material available on or through the Site 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. Please be
advised that pursuant to federal law you may be held liable for
damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by
the Site infringes your copyright, you should consider first
contacting an attorney.
These
Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
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..
We reserve the right to change, modify, or remove the contents
of the Site at any time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Site 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 Site.
We
cannot guarantee the Site will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site 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 Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or
to supply any corrections, updates, or releases in connection therewith.
These
Terms of Use and your use of the Site are governed by and construed in
accordance with the laws of the State of __________applicable
to agreements made and to be entirely performed within the State of __________, without regard to
its conflict of law principles.
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (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 sixty (60) days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively
resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association (“AAA”) and,
where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes (“AAA Consumer Rules”), both of
which are available at the AAA website www.adr.org. Your
arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules.
The arbitration may
be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a
statement of reasons unless requested by either
Party. The arbitrator must follow applicable law,
and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by
the applicable AAA rules or applicable law, the
arbitration will take place in India County, __________. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If
for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted
in the state and federal courts located in India County,__________,and the Parties
hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non convenience with
respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the the
Uniform Computer Information Transaction Act (UCITA) are
excluded from these Terms of Use.
If this
provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any
Dispute falling within that portion of this
provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
The
Parties agree that any arbitration shall be limited to the
Dispute between the
Parties individually. To the full extent permitted by law, (a)
no arbitration
shall be joined with any other proceeding; (b) there is no
right or authority
for any Dispute to be arbitrated on a class-action basis or to
utilize class
action procedures; and (c) there is no right or authority for
any Dispute to be
brought in a purported representative capacity on behalf of the
general public
or any other persons.
The
Parties agree that the following Disputes are not subject to
the above
provisions concerning informal negotiations and binding
arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the
validity of, any of
the intellectual property rights of a Party; (b) any Dispute
related to, or
arising from, allegations of theft, piracy, invasion of
privacy, or
unauthorized use; and (c) any claim for injunctive relief. If
this provision is
found to be illegal or unenforceable, then neither Party will
elect to
arbitrate any Dispute falling within that portion of this
provision found to be
illegal or unenforceable and such Dispute shall be decided by a
court of
competent jurisdiction within the courts listed for
jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that
court.
There
may be
information on the Site that 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 Site at any time, without prior notice.
THE
SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE 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 SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL 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 SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE
OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE
A
PARTY TO OR IN ANY WAY 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.
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS 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 SITE,
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 LESSER OF THE AMOUNT PAID, IF
ANY, BY YOU TO US DURING THE ten (10) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING OR $50.00 USD. CERTAIN STATE 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, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4)
any breach of your representations and warranties set forth in these Terms of Use; (5)
your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, 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.
We will maintain certain data that you transmit to the Site for
the purpose of managing the
performance of the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any
such
data, and you hereby waive any right of action against us arising from any
such
loss or corruption of such data.
Visiting the Site, 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 Site, 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 SITE.
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.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite
N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision. These Terms
of Use 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 of Use is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use 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 of Use or use of the Site. You agree that these Terms
of Use 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 of
Use and the lack of signing by the parties hereto to execute these Terms of
Use.
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
