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Effective Date: May 2022
These Terms may change over time, in which case we will post the modified Terms on this page and change the “Effective Date” above. Your use of the Site following a change to these Terms signals your acceptance of the modification(s).
THESE TERMS AFFECT YOUR LEGAL RIGHTS, BY, AMONG OTHER THINGS, LIMITING OUR LIABILITY AND REQUIRING MANDATORY ARBITRATION DISPUTES.
1. Use of Site
Ownership. The Site may contain (i) materials and other items relating to COMPANY and its services including images, photos, graphics, sounds, music, videos, interactive features, data, text, scripts, files, links, software, messages, communications, content, organization, and design, compilation; (ii) trademarks, trade names, service marks, logos, including those of COMPANY’s; and (iii) other forms of intellectual property (all of the foregoing, collectively the “Content”). All the rights, title, and interest in, and to the Site and the Content is the property of COMPANY, our licensors, or certain other third parties and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or intellectual property and unfair competition rights and laws to the fullest extent possible. You do not acquire any ownership rights to any Content through your access to, or use of, the Site.
License. Subject to these Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable, and revocable license to use the Content to download, display, view, and use the Site solely for your personal, non-commercial use only. Other than as permitted in these Terms, you may not use, copy, download, reproduce, republish, distribute, transmit, broadcast, display, assign, license, sublicense, sell, alter, prepare derivative works of, or otherwise exploit the Content (in whole or in part) without our prior, express, and written permission. All rights in and to the Site and the Content not expressly granted to you in this Section 1.2 are reserved by COMPANY and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site or any Content, and (ii) may be immediately suspended or terminated for any reason, in COMPANY’s sole discretion, and without advance notice or liability.
Restrictions. You represent that you are at least 18 years old or the age of majority where you reside. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site. You acknowledge and agree that you will not: (i) use the Site or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Site or Content that
is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to COMPANY; (iii) harvest any information from the Site or Content; (iv) modify, translate, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Site or make any unauthorized changes to the Site or Content; (v) interfere with the proper operation of the Site or its security features; (vi) infringe any intellectual property or other right of any third party; (vii) use the Site or Content in a manner that suggests an unauthorized association with COMPANY or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.
Software. Some of the products offered by or through the Site may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically update and upgrade any such software, and that all such software (including all updates, upgrades, and enhancements) is governed by these Terms and, as determined in our sole discretion, may be subject to additional terms and conditions.
Suspension and Termination. We may immediately suspend or terminate the availability of the Site, in whole or in part, to any individual user or all users, for any reason, in our sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
Export Controls. Your use of the Site may be subject to the export control laws of the United States, including the Export Control Reform Act and its associated regulations. You are responsible for complying with all application trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the Site to any country, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
2. User Submissions
Responsibility. You understand that all User Submissions are the sole responsibility of the user who makes, and you are solely responsible for all of your User Submissions. We do not control or endorse User Submissions or guarantee the accuracy, integrity, or quality of User Submissions, and we take no responsibility for, and specifically disclaim any liability (including damages) with regard to, User Submissions, including the legality or accuracy of any User Submission or whether any User Submission is libelous, slanderous, defamatory, or disparaging. You further understand that you must evaluate and bear all risks associated with the use of any User Submission, including reliance on the accuracy, completeness, and usefulness of such User Submissions.
You retain all rights in and to your User Submissions, subject to these Terms.
Representations and Warranties Related to User Submissions. You represent and warrant the following:
(a) You have the lawful right to (i) submit User Submissions; and (ii) grant COMPANY the rights to such User Submissions;
(b) Your User Submissions do not, and will not, violate any law, rule, or regulation or misappropriate or infringe upon the rights of any third party; and
(c) You will not post confidential, trade secret, or other proprietary information of others.
Acceptable Use. You agree that when using the Site, you will not:
(a) Upload, post, email, or otherwise transmit viruses, Trojan horses, spyware or any other similar technologies or malicious code;
(b) Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(c) Publish, transmit, copy, reproduce, email, post, upload, distribute, or disseminate any inappropriate, profane, vulgar, pornographic, sexually explicit, racist, libelous, false, defamatory, infringing, obscene, indecent, offensive, hateful, disparaging, abusive, unlawful, illegal, harmful to minors in any way, or objectionable topic, name, material, or information;
(d) Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam or other unwanted electronic communications, unsolicited communications, or any unauthorized advertising or promotional material;
(e) Use the Site’s communications systems for any commercial solicitation purpose;
(f) Copy or store any Content or User Submissions for other than your own use;
(g) Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels (such as copyright, trademark, and other proprietary rights notices) contained in or on the Site;
(h) Impersonate another person or entity, or use any fake name or identity for deceptive purposes;
(i) Allow any other person or entity to use your credentials to post on the Site;
(j) Harvest or otherwise collect information about others, including usernames and user IDs, without each such user’s prior, express, and written consent; or
Licenses. You grant COMPANY and its affiliates a non-exclusive, royalty-free, transferable, sublicensable, and worldwide license to use, store, display, post, reproduce, modify, publish, broadcast, perform, print, distribute, and prepare derivative works of your User Submissions in perpetuity in connection with the Site and our and our affiliates’ businesses (and our and our affiliates’ successors’ businesses), including for purposes of developing, operating, improving, re-designing, providing, re-distributing, using, promoting, and marketing all or part of the Site, in any and all media formats (now known or hereafter developed) and through any and all media channels (now known or hereafter developed). Nothing in these Terms will restrict other legal rights that we may have to User Submissions, for example under other licenses. You also grant our users (whether registered or unregistered) a non-exclusive license to access your User Submissions through the
Site and to use, store, display, post, reproduce, modify, publish, broadcast, perform, print, distribute, and prepare derivative works of your User Submissions as specifically permitted through the intended functionality of the Site and under these Terms. You agree that you will not receive any consideration or compensation in connection with your User Submissions.
Opinions. You understand that all opinions expressed by users of the Site, including those who work for us, are the personal opinions of the authors and are not endorsed by us.
Monitoring. We are not obligated to screen, review, monitor, edit, or correct any User Submission. We reserve the right, in our sole discretion, to edit, modify, remove, or delete User Submissions (in whole or in part) without notice for any reason or for no reason, including User Submissions that we believe violate these Terms or our policies. You understand that entering or using the Site may expose you to User Submissions that are inaccurate, inappropriate (including for children), offensive, indecent, or objectionable to you and/or your purposes.
Feedback. If you choose to submit comments, ideas, or feedback (collectively “Feedback”) to, by, or through the Site or otherwise, you agree that we are free to use the Feedback without any restriction, consideration or compensation to you. By accepting your Feedback, we do not waive any rights to use similar or related Feedback previously known to us, developed by our employees, or obtained from sources other than you.
Interaction with Others. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user or any User Submissions. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal information) and in all of your other online activities. If you send any message related to us to your friends, using a tool we provide on the Site or otherwise, you will only do so to the extent you have permission from them to send such communications and you will comply with all applicable law related to such communications.
3. Site Account
Account Registration. Certain features and functionality of the Site may require the creation of an account by entering your name and email address, , selecting a valid username, selecting a valid password, and providing other required registration information (collectively the “Registration Information”). You agree that, at the time of submission to us, your Registration Information is true, accurate, current, and complete. You are solely responsible for updating and maintaining your Registration Information. You must complete the registration process to create a Site account (“Your Account”).
Restrictions and Limitations. We will have no liability associated with, or arising from, your failure to maintain accurate, current, and complete Registration Information, including liability arising out of your failure to receive critical information about the Site or Your Account. We will not be responsible for verifying your Registration Information. Your Registration Information may not violate the rights of any person. We reserve the right, at our discretion, to refuse registration of Your Account; cancel or deactivate Your Account, including due to inactivity; and delete all related information and files in, or relating to, Your Account.
Confidentiality and Security. You are solely responsible and liable for the confidentiality and security of Your Account. You will immediately notify us at [insert email] of any unauthorized use of your account, password, or username, or any other breach of security.
4. Third Parties Links, Displays, and Interactions. The Site may contain proprietary information or links to websites owned or operated by parties other than COMPANY. We do not own such proprietary information nor do we control such websites and are not responsible for the contents or the privacy policies or practices of such websites. Our inclusion of such proprietary information or websites does not imply any associations with the operators or endorsement or sponsorship by COMPANY.
5. Indemnity. You will indemnify, defend, and hold harmless us, our affiliates, and our affiliates’ owners, parents, partners, shareholders, members, subsidiaries, managers, directors, officers, employees, contractors, agents, licensors, providers, suppliers, agents, representatives, and attorneys from and against any and all claims, liabilities, damages, losses, costs, and expenses, including court costs and reasonable attorneys’ fees, resulting from, relating or attributable to, or arising out of, (i) your breach of, or failure to comply with, any of these Terms, (ii) any fraud, manipulation, deception, or misrepresentation by you, (iii) your access to, or use of, the Site and/or the Content, (iv) your User Submissions, (v) all use of, and activities that occur under, Your Account (whether conducted by you or another) and any actions that take place through your access to the Site and/or the Content, (vi) any violation of any law or regulation by you, and (vii) any dispute between you and another user of the Site (whether you and/or such other user is registered or unregistered). Neither we nor our affiliates or licensors have any duty to reimburse, defend, indemnify, or hold you harmless, including with respect to any claim, liability, damage, loss, cost, or expense resulting from, relating or attributable to, or arising out of, these Terms, the Site, or the Content or your use of, or access to, the Site or the Content.
6. Disclaimers and Limitations
No Warranties. NEITHER WE NOR OUR AFFILIATES OR LICENSORS WARRANT OR GUARANTEE THAT (i) THE SITE, THE CONTENT, OR THE USER SUBMISSIONS WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) DEFECTS, INCLUDING TYPOGRAPHICAL ERRORS, WILL BE CORRECTED, (iii) THE SITE, THE CONTENT, AND THE USER SUBMISSIONS ARE OR WILL BE FREE OF VIRUSES OR OTHER MALICIOUS CODE, (iv) THE SITE, THE CONTENT, OR THE USER SUBMISSIONS ARE OR WILL CONTINUE TO BE AVAILABLE, OR (v) ANY SPECIFIC RESULTS FROM USE OF THE SITE, THE CONTENT, OR THE USER SUBMISSIONS. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING RELATING TO (i) NON-INFRINGEMENT, (ii) MERCHANTABILITY, (iii) FITNESS FOR A PARTICULAR PURPOSE, (iv) TITLE, (v) COURSE OF DEALING OR USAGE OF TRADE, (vi) AVAILABILITY OF THE SITE, THE CONTENT, OR USER SUBMISSIONS, (vii) LACK OF VIRUSES, TROJAN HORSES, SPYWARE OR ANY OTHER TECHNOLOGIES OR MALICIOUS CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES, (viii) ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS, OR (ix) DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT, OR LACK OF NEGLIGENCE. THE SITE, THE CONTENT, AND USER SUBMISSIONS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Risk of Use. YOUR ACCESS TO, AND USE OF, THE SITE, THE CONTENT, AND USER SUBMISSIONS ARE AT YOUR RISK, INCLUDING YOUR ASSUMPTION OF ALL RISKS THAT THE SITE, THE CONTENT, AND USER SUBMISSIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR ANY USER SUBMISSIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE, THE CONTENT, AND/OR THE USER SUBMISSIONS. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, AND NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY
INFORMATION OR DATA AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE SITE.
Limitations on Liability and Remedies. COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. COMPANY AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH STATES OR JURISDICTIONS, OUR AND OUR VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN ANY APPLICABLE JURISDICTION, COMPANY’S MAXIMUM LIABILITY WILL BE LIMITED TO ANY AMOUNT PAID TO COMPANY BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.
Waiver of Injunctive or Other Equitable Relief. YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT YOU MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USE OR CONTROLLED BY COMPANY.
7. Mandatory Binding Arbitration
If a dispute arises between you and COMPANY, you and COMPANY agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Site, these Terms, or additional terms (collectively, “Dispute”) through binding arbitration or as we and you otherwise agree in writing. You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. This Agreement also covers any Dispute between you and any officer, director, board member, agent, employee, affiliate of the Company, or third party if the Company could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and the Company agree to assert all such Disputes in a single arbitration so they may be resolved at the same time.
(a) Before resorting to this alternative, we strongly encourage you to first contact us directly at [email protected] to seek a resolution. If we cannot resolve a Dispute within sixty (60) days of receipt of the notice, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration
Rules of the American Arbitration Association (“AAA”), in a reasonably convenient location conducted before a single arbitrator pursuant to its rules (including, but not limited to the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site), except that we may seek injunctive or other appropriate relief in any state or federal court. You can also obtain AAA procedures, rules, and fee information by calling 800.778.7879.
(b) To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at ADR Consumer site, and simultaneously sending a copy of the completed form to the following address: 5020 Weston Parkway, Suite 400, Cary, NC 275313.
(c) WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Texas. Any Dispute shall otherwise be governed by the internal laws of the State of Texas without regard to Texas choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of Disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
(d) Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and COMPANY agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
(e) In the event the AAA is unavailable or unwilling to hear the Dispute, you and COMPANY shall agree to, or a court shall select, another arbitration provider.
(f) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
(g) As permitted by applicable law, Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party, including as a plaintiff or class member in any purported class, representative proceeding or as an association. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this section 7(g) may be determined only by a court of competent jurisdiction and not by an arbitrator. The arbitrator may award relief (including injunctive relief) only on an individual basis. But if, for any reason, this restriction is held to be unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court as follows: except to the extent that arbitration is required, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Harris County, Texas. Accordingly, you and COMPANY consent to the exclusive personal jurisdiction and venue of such courts for such matters. You and COMPANY agree to waive any right to a trial by jury.
We may communicate with you electronically in regard to the Site, including by email, and we may collect information related to communications between you and COMPANY. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, you action is intended as an electronic signature as if you had signed on paper.
You may unsubscribe from receiving email marketing communications from us by following the instructions contained within our promotional emails. This will not affect your access to the Site. Please note that we may continue to send you certain communications relating to Your Account or use of our Site, such as administrative and service announcements, and these transactional messages may be unaffected if you choose to opt out of receiving marketing emails.
Governing Law and Venue. These Terms will be governed by, and construed and resolved in accordance with, United States federal law, as applicable, and by the laws of the State of Texas. All lawsuits or proceedings arising out of, or relating to, these Terms will be brought in the state or federal courts located in Harris County, Texas, and we and you irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Complete Agreement; No Waiver. These Terms constitute our complete and final agreement regarding the Site, the Content, and the User Submissions, and supersede any prior or contemporaneous understandings, agreements, and/or communications with respect to Site. Except as expressly set forth in these Terms, (i) no failure or delay by COMPANY in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any of these Terms will be effective unless in writing and signed by COMPANY.
Severability. If any provision of these Terms is deemed to be illegal, invalid, or unenforceable, then such provision will be deemed severable from these Terms and the remaining provisions of these Terms will remain in full force and effect.
Assignment. We may assign our rights and delegate our duties and obligations under these Terms to any party at any time without notice to you. These Terms are not assignable, transferable, or sub-licensable by you without our prior, express, and written consent.
Interpretation. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms.
Survival. The provisions of these Terms and any applicable additional terms (which by their nature should survive the suspension/termination of your access to the Site or the termination of these Terms) will survive, including the rights and licenses you grant to COMPANY in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury waiver, and mandatory arbitration.
10. Contact Information. If you have any questions regarding these Terms, you may contact us by email at [email protected].