By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company. If You are not of legal age to form a binding contract with the Company, You must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material We provide on the Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Any user name, password, or any other piece of information You utilize as part of Our security procedures to access the Website is confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or any other security information. You agree to notify Us immediately of any unauthorized access to, or use of, Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, products and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Additionally, You agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose; (iii) use any device or process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Our prior written consent; (iv) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (vi) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (vii) otherwise attempt to interfere with the proper working of the Website.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website
You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent. You agree to cooperate with Us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice at any time in Our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENCORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, AND WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSED ON IT, OR ON ANY WEBSITE LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Arbitration of Dispute
TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH AGREE THAT THEY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN ARBIRATION AND IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF ON A CLASS WIDE BASIS, FURTHER, COMPANY AND YOU WAIVE ANY RIGHT TO TRAIL BY A JURY IN ANY LAWSUIT, OR OTHER SIMILAR PROCEEDING.
(b) ANY CLAIMANT UNDER THIS ARBITRATION AGREEMENT MUST FIRST SUBMIT TO THE OTHER PARTY A WRITTEN NOTICE OF THE CLAIMANT’S CLAIM AGAINST OR DISPUTE WITH THE OTHER PARTY, SUCH NOTICE MUST INCLUDE ANY EXPLANATION OF THE CLAIM AND A STATEMENT OF THE CLAIMANT’S REQUEST FOR RESOLUTION. THE PARTY RECEIVING THE CLAIM OR DISPUTE SHALL THEN BE ENTITLED TO A PERIOD OF SIXTY (60) DAYS TO CURE SUCH CLAIM OR DISPUTE. IF THE PARTIES ARE UNABLE TO RESOLVE THE CLAIM OR DISPUTE WITHIN SUCH 60-DAY PERIOD, THEN THE CLAIM OR DISPUTE SHALL BE SOLELY RESOLVED, ON AN INDIVIDUAL, NON-CLASS, BASIS BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR. PRIOR TO THE CLAIMANT COMMENCING ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE UPON THE ARBITRAL INSTITUTION THAT WILL ADMINISTER THE ARBITRATION. IN THE EVENT THAT NO ARBITRAL INSTITUTION CAN BE AGREED UPON THEN THE PARTIES AGREE TO USE JAMS. THE ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE MUTUALLY AGREED ARBITRAL INSTITUTION’S RULE AND PROCEDURES AND A SINGLE ARBITRATOR WILL BE SELECTED THEREFROM.
(c) THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT, LICENSED TO PRACTICE LAW IN THE JURISDICTION WHERE THE ARBITRATION IS TAKING PLACE AND SHALL COMPLY WITH THE ARBITRAL INSTITUTION’S CODE OF ETHICS AND HAVE EXPERIENCE IN THE SUBJECT MATTER OF THE DISPUTE. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT ANY REMEDY OR RELIEF THAT THE ARBITRATOR DEEMS JUST AND EQUITABLE AND WITHIN THE SCOPE OF THE AGREEMENT OF THE PARTIES PROVIDED IT IS INDIVIDUAL IN NATURE. THE ARBITRATOR SHALL ISSUE A REASONED AWARD FOLLOWING THE APPLICABLE LAW AND SUCH AWARD SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. THE AWARD AND THE RECORD IN ARBITRATION SHALL BE CONFIDENTIAL, EXCEPT THAT – JUDGMENT ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE OTHER PARTY MAY PETITION THE COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDINGS. TO THE EXTENT PERMITTED BY LAW, THE PARTIES SHALL BEAR THE COST OF ARBITRATION INCLUDING, ATTORNEY’S FEES, SEPARATELY. IF THE ARBITRATOR DETERMINES THAT A PARTY HAS GENERALLY PREVAILED IN THE ARBITRATION PRECEDING, THEN THE ARBITRATOR SHALL AWARD TO THAT PARTY ITS REASONABLE ATTORNEY’S FEES AND LEGAL COSTS. IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION OR UNSUCCESSFULLY CHALLENGES THE ARBITRATOR’S AWARD, THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING REASONABLE ATTORNEY’S FEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD. THIS SECTION AND THE REQUIREMENT TO ARBITRATE SHALL SURVIVE ANY TERMINATION OF USE OF THE WEBSITE.
(d) SHOULD ANY PROVISION OF THIS ARBITRATION AGREEMENT-EXCEPTING THE REQUIREMNET THAT ARBITRATION PROCEED ON AN INDIVIDUAL BASIS ONLY-BE DEEMED UNENFORCEABLE, IT SHALL BE DEEMED SEVERABLE AND THE REMAINDER OF THE ARBITRATION AGREEMENT SHALL BE ENFORCED.
Limitation on Time to File Claims
Waiver and Severability