Terms of Service
Last updated: July 20, 2018
Please read the following terms of service (“Terms of Service”) carefully. These Terms of Service govern your access to and use of the Platform.
PLEASE BE AWARE THAT THE TERMS OF SERVICE CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, (1) IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, (2) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (3) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF FOR DAMAGES IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
If you are outside the United States of America you may have certain rights and remedies under local law that cannot be excluded or limited. If you are entitled by local law to non-excludable or non-limitable rights and remedies, those rights and remedies are not affected by these terms and these terms are to be read down to the extent (but only to the extent) of inconsistency with such rights and remedies. However, to the extent that any local law permits rights and remedies to be excluded or limited, these Terms of Service operate to exclude or limit those rights or remedies to the extent so permitted by applicable local law.
YOU ACKNOWLEDGE AND AGREE THAT BY DOWNLOADING, ACCESSING OR USING THE PLATFORM OR ACCESSING ANY CONTENT THROUGH THE PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM.
MODIFICATION
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Platform or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on our website or within the Platform or otherwise provide you with notice of the modification and the modification will be reflected by a "last updated" date above. By continuing to access or use the Platform after we have posted a modification to these Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Platform.
ELIGIBILITY
The Platform is intended solely for persons who are 13 or older. Any access to or use of the Platform by anyone under 13 is expressly prohibited. By accessing or using the Platform you represent and warrant that you are 13 or older.
PROPRIETARY RIGHTS
We and our suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Platform and Our Content. If you give feedback on the Platform, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Platform without compensation to you. The Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All brand, product and service names used in the Platform or Our Content which identify us or our partners and/or their proprietary products and services are the trademarks or service marks of us or our partners. Nothing in the Platform shall be deemed to confer on any person any license or right on the part of us or such supplier with respect to any such image, logo or name.
WARRANTY DISCLAIMER
USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE PLATFORM OR THAT WE WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE PLATFORM ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE PLATFORM OR ANY CONTENT OBTAINED FROM THE PLATFORM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. WE ARE NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND ANY THIRD PARTY YOU INTERACT WITH USING THE PLATFORM. YOU ASSUME ALL RISK ASSOCIATED WITH DEALING WITH THIRD PARTIES. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PARTY. YOU RELEASE COMPANY OF ALL CLAIMS, DEMANDS, AND DAMAGES IN DISPUTES AMONG USERS OF THE PLATFORM. YOU ALSO AGREE NOT TO INVOLVE US IN SUCH DISPUTES. USE CAUTION AND COMMON SENSE WHEN USING THE PLATFORM.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, WE AND OUR AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE, GOODWILL, OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR ANY CONTENT PROVIDED BY OR THROUGH THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE OUR PLATFORM; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORM RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR PLATFORM; (iii) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE PLATFORM; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A COLLECTIVE MAXIMUM AMOUNT OF $25.
INDEMNITY
You agree to defend, indemnify, and hold harmless us and our affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from your use of the Platform, your connection to the Platform, your violation of these Terms of Service or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Platform.
ASSIGNMENT
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. We may freely assign these Terms of Service. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
GENERAL TERMS
These Terms of Service are governed by laws of the state of California, without respect to its conflict of laws principles and to the fullest extent permitted by applicable laws. These Terms of Service constitute the entire agreement between you and Company concerning your use of the Platform. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. The section titles and annotations in these Terms of Service and Privacy Policy are for convenience only and have no legal or contractual effect. Portions of the Platform may be accompanied by additional terms that apply to specific features or areas of the Platform. Those additional terms supplement these terms with respect to your use of those features or areas.
CLASS WAIVER, WAIVER OF JURY TRIAL, AND LAWSUIT TIME PERIOD
You also acknowledge and understand that to the fullest extent permitted by applicable law, with respect to any dispute with the us and/or our affiliates, suppliers, and partners arising out of or relating to your use of the Platform or these Terms of Service:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
ARBITRATION
Except as otherwise provided in this paragraph, any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Ventura County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.