ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION PROVISION BELOW, YOU AND THIS WEBSITE AGREE THAT DISPUTES BETWEEN YOU AND THIS WEBSITE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
Welcome to THIS WEBSITE. Please take a few minutes to review these Terms. Your use of the THIS WEBSITE website or other websites, applications, or features THIS WEBSITE owns or controls on which we post a link to these Terms , regardless of how you access them, constitutes your agreement to follow these Terms and to be bound by them. IF YOU DO NOT AGREE, PLEASE DO NOT CONTINUE USING OUR WEBSITE.
Use of our Website is unauthorized in any jurisdiction where all or any portion of the Website may violate any legal requirements, and you agree not to access the Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk.
We reserve the right to refuse access to any user we determine, in our sole discretion, is not complying with these Terms, and to discontinue any of our Website at any time for any reason.
THESE TERMS MAY CHANGE
THIS WEBSITE reserves the right to modify or add to these Terms at any time, effective as of the posting of the new terms or a later date as may be specified in the new terms. You agree that we may notify you of the new terms by making them available via our Website, and that your use of our Website after we post the new terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms. We therefore encourage you to review these Terms every time you use our Website.
The Website are not targeted towards, or intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By installing, accessing, or using the Website, you represent that you are at least eighteen (18) years of age or the age of majority in your state of residence, or at least thirteen (13) years of age and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website and agree not to interfere with the use and enjoyment of the Website by other Users and THIS WEBSITE's operation or management of the Website.
REGISTRATION AND ACCOUNT CREATION
THIS WEBSITE may at times require that you register and/or set up an account to access or use certain portions of the Website, or the Website as a whole. The decision to provide the information necessary to do so is purely optional, but if you elect not to provide the required information, you may not be able to access or use certain materials or features of our Website. When you provide information to us, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
With respect to any registration or account creation, you agree to: (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your user name or password with others and by restricting access to your account and the device(s) from which you access your account; (e) promptly notify THIS WEBSITE if you discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. We may refuse to grant you, and you may not use, a user name or email address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Your user name and password are for your personal use only. If you use the Website, you may not authorize others to use your registration information or account, and you are responsible for your use and disclosure of the same.
THIS WEBSITE reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Website, and to block or prevent future access to and use of the Website if you violate any of these Terms. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access by you to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms that are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
PURCHASING ITEMS FEATURED ON THE WEBSITE
THIS WEBSITE takes reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible. However, when ordering Products or Services featured on the Website, please note that THIS WEBSITE does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service described on the Website is not as described when you receive or use it, you should contact our customer service department.
PRICING ERRORS AND OMISSIONS
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that THIS WEBSITE reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.
We may provide user comment areas, chat rooms, message boards, interactive user communities, or other areas on our Website ("Community Forums") where users can engage in social networking, interact with others and with us, as well as have the opportunity to submit photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, or other content, including personal information (collectively, "User Submissions"). For each User Submission you send, post, upload, or otherwise make available to our Website, you grant to THIS WEBSITE and its parent, subsidiaries, and affiliates an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Submission and your name, voice, likeness, and other identifying information in connection with that User Submission via any media now known or later developed, without any compensation or further notice to you.
You are the sole author and owner of the intellectual property and other rights thereto;
Subject to applicable laws, all "moral rights" that you may have in such content have been voluntarily waived by you, even if the User Submission is altered or changed in a manner not agreeable to you;
All content that you post is honest, accurate and not misleading;
You will not impersonate any other person, user or company or upload or post User Submissions that you know are false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company;
Use of the content you supply does not violate these Terms and will not cause injury to any person or entity;
Your User Submission relates to the content on our Website and is intended to add to the discussion and community on our Website and does not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters);
Your User Submission is not for commercial purposes and does not advertise or promote a product or service except those provided on our Website;
You will be respectful of others' opinions and comments so we can continue to build a Community Forum for everyone to enjoy. If you think your User Submission might offend someone, chances are it probably will and it does not belong on a Community Forum; AND
Your User Submission is suitable for a public forum.
You further agree and warrant that you will not submit any User Submission:
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance, rule or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, indecent, obscene, hateful, racially or religiously biased or offensive, unlawfully threatening, unlawfully harassing, abusive, or threatening to any individual, partnership or corporation, or negative toward or connected to national origin, gender, sexual preference or physical handicap. Cursing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited and your User Submission may not threaten abuse or harm others;
That includes any information that references other websites, or personal information about you or another person (e.g., full name, password, phone number, address, e-mail address, financial information, other personally identifiable information or contact information, or information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature);
That contains any computer viruses, worms or other potentially damaging computer or electronic programs, code or files; or
That promotes violence or describes how to perform a violent act.
Please remember that each Community Forum is a public forum and any User Submission that you post on a Community Forum will be accessible and viewable by other users.
All User Submissions that you submit may be used at our sole discretion. We do not guarantee that you will have any recourse through our Website to edit or delete any content you have submitted. You acknowledge that you, not THIS WEBSITE, are responsible for the content of your User Submission. Neither we nor the THIS WEBSITE Affiliates are responsible for, and we do not endorse, any User Submission posted in Community Forums or elsewhere on our Website.
No Obligation to Prescreen/Monitor. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Submission. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Submission. Because we may not prescreen User Submissions, if your User Submission contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Submission. You agree that THIS WEBSITE has no obligation to monitor or enforce your intellectual property rights to your User Submission, but has the right to protect and enforce its and its licensors' licensed rights to your User Submission.
You agree that if you submit content, information, ideas, suggestions, designs, or other materials to THIS WEBSITE, those materials are submitted voluntarily. You also understand and acknowledge that: (a) THIS WEBSITE has wide access to content, information, ideas, suggestions, designs, and other materials that may be similar or identical to materials you submit to us; (b) you will not be entitled to any compensation (nor will THIS WEBSITE be obligated to negotiate with you) as a result of our use of any similar or identical material; and (c) we do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your rights in and to any materials you submit to us.
No Obligation to Use. You agree and understand that we are not obligated to post, keep, or use your User Submission.
THIRD-PARTY SERVICES AND CONTENT
From time to time, our Website may contain third party content, or links to websites, services, or other resources owned or operated by parties other than THIS WEBSITE (collectively "Third Party Services"), that we feel may be of interest to you. We do not monitor or control Third Party Services and are not responsible for or warrant their content, offerings, availability, or operation. The publication of or links to Third Party Services shall not be deemed an endorsement by THIS WEBSITE or any of its affiliates of the third party or the Third Party Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, subscribers, or any other user of our Website, are those of the respective author(s) or distributor(s) and not of THIS WEBSITE. Neither we nor any third-party provider of information or content guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. You should not assume that the information contained on our Website has been updated or otherwise contains current information. We do not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded.
To the maximum extent permitted by applicable law, neither THIS WEBSITE nor any of its affiliates will be liable for loss or damage caused by your reliance on information obtained through our Website. It is the responsibility of a user to evaluate the accuracy, completeness, and usefulness of any information.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
THE SERVICES PROVIDED BY OUR WEBSITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESE SERVICES AND MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP TO DATE. THESE SERVICES AND MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
OUR WEBSITE ARE OPERATED BY THIS WEBSITE ON AN "AS IS," "AS AVAILABLE" BASIS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, INC. AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES, DIVISIONS, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS (COLLECTIVELY, THE "THIS WEBSITE AFFILIATES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE SERVICES OR MATERIALS ON OUR WEBSITE FOR ANY PURPOSE AND ALL SUCH SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE THIS WEBSITE AFFILIATES AND ALL THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THIS WEBSITE,ITS AFFILIATES OR THEIR AGENTS, OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, THE MATERIALS IN OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE, OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, OR ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE THIS WEBSITE BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
your representations, warranties and obligations in these Terms.
YOU ACKNOWLEDGE THAT THIS WEBSITE HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO AND PRODUCTS AND SERVICES ON THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH THIS WEBSITE PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
OUR COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including, without limitation, logos, text, brand names, images, designs, photographs, graphics, music and sound, video clips, look and feel, and written and other materials that appear as part of our Website, individually and collectively (the "Materials"), are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered, owned, controlled, or licensed by THIS WEBSITE; its parent, subsidiaries, or affiliates; its content providers; and/or others. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Materials displayed or used on our Website, without the prior written permission of the owner of the Materials. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.
ENFORCEMENT OF RULES AND POLICIES
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third-party advertisers on the Website.