Terms & Conditions of Use
Effective Date: September 14, 2017
3. License; Limitations on Use.
3.3 Prohibited Use. You may not:
a. Use the Website or any Content to conduct commercial or promotional activities or sales efforts without prior written consent from Provider.
b. Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above or with prior written consent from Provider.
c. Manually extract, decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content without prior written consent from Provider.
d. Determine this Website’s architecture, or extract data or information about usage, individual identities or users, via use of any network monitoring or discovery software or otherwise.
e. Monitor, copy, scan, review, index, mirror, ping or validate this Website or the Content without Provider’s prior written permission, via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).
f. Transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature, or upload any virus or malicious code.
g. Transmit any false, misleading, fraudulent or illegal communications, information or data.
h. Engage in phishing, spoofing, or other illegal or fraudulent activities, or violate applicable laws in your jurisdiction in connection with your Use of this Website.
7. Digital Millennium Copyright Act
7.1 Notification of Alleged Copyright Infringement. Provider has registered an agent with the United States Copyright Office (a “Copyright Agent”) in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the safe harbor and other protections available under the DMCA. Provider reserves the right to remove from the Website any Content or Postings that allegedly infringe another person’s copyright. If you believe Content on the Website infringes your valid copyrights, please send a notification (a “DMCA Notification”), including all information included in Section 7.2 below, by mail or email to our Copyright Agent at:
Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification. Therefore, if you are not sure whether content available on or through the Website infringes your copyright, you should contact an attorney.
7.2 Repeat Infringer Policy. Provider reserves the right to terminate Users of the Website who are repeat infringers in appropriate circumstances, in its sole discretion.
8. Our Management of this Website; User Misconduct
9. Warranty Disclaimer; Limitation on Liability.
9.1 Disclaimer of Warranties
A. To the extent permitted by applicable law, THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” and “AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THIS WEBSITE OR THE CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (I) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (II) THIRD PARTY COMMUNICATIONS; (III) ANY THIRD PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (IV) THE UNAVAILABILITY OF THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF; (V) YOUR USE OF THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS; OR (VI) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
B. To the extent permitted by applicable law, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF the WEbSite’s CONTENT, THE CONTENT OF ANY webSITE LINKED TO the Website, Postings, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON the WEBSITE OR LINKED TO BY the WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS; MISTAKES OR INACCURACIES OF CONTENT AND postings; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM the WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND POSTING 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 this Website.
c. WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE Postings, OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY the WEBSITE, INCLUDING, WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, or products or services made available on third party SItes. ACCORDINGLY, to the extent permitted by applicable law, we ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE in connection with Third Party Postings, Third Party Sites, or any products or services offered through Third Party Sites, including, without limitation, any loss or damage resulting from SECURITY VULNERABILITIES in third party products OR FROM YOUR RELIANCE ON THE BUSINESS LISTINGS, RATINGS, or REVIEWS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WebSITE. YOU ASSUME ALL RISK WHEN USING THis WEBSITE, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS, INCLUDING CONTRACTING FOR OR SUPPLYING SERVICES OF ANY NATURE.
D. PROVIDER DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED BY USERS SEEKING SERVICES OR USERS SUPPLYING SERVICES AS LISTED ON THIS WEBSITE. PROVIDER DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY RESULT FROM THE USE OF THIS INFORMATION. PROVIDER IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THis WEBSITE.
E. WHen Provider posts content and materials, including reviews of products and services and links to websites, please be aware that these content and materials may reference, list, review, and/or rate entities, products or services with which we have direct or indirect affiliations or other relationships. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ABSENCE OR EXISTENCE OF, OR THE EXTENT OR NATURE OF, ANY DIRECT OR INDIRECT AFFILIATIONS OR RELATIONSHIPS THAT WE MAY HAVE WITH ANY ENTITIES, PRODUCTS OR SERVICES THAT ARE REFERENCED, LISTED, REVIEWED AND/OR RATED ON THE webSITE. ACCORDINGLY, to the extent permitted by applicable law, WE HAVE NO LIABILITY OR RESPONSIBILITY OF ANY KIND FOR ANY FURTHER UNDERSTANDING YOU MAY HAVE ABOUT THE ABSENCE OR EXISTENCE OF, OR THE EXTENT OR NATURE OF, AFFILIATIONS OR RELATIONSHIPS AMONG US AND ANY OTHER ENTITIES, PRODUCTS OR SERVICES IDENITIFID ON, FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
9.3 Exceptions to Disclaimers and Liability Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 9.1 AND 9.2 MAY NOT APPLY TO YOU.
11. Third Party Beneficiaries. The provisions of Section 9 (Warranty Disclaimer; Limitation on Liability) and Section 10 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
12. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
12.1 Initial Dispute Resolution.We are available by email at EMAIL to address any concerns you may have regarding your use of this Website. Most concerns may be quickly resolved in this manner. Each of you and Provider agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Provider if you do not prevail in arbitration.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
12.3 Class Action and Class Arbitration Waiver. You and Provider each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Provider each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 12.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
12.4 Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
12.5 30 Day Right to Opt-Out.You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 12.2, 12.3, and 12.4 by sending written notice of your decision to opt-out to the following email: EMAIL. The notice will be ineffective unless sent within thirty (30) days of your first use of this Website. If you opt-out of these arbitration provisions, we also will not be bound by them.
13. Errors and Corrections. Provider may make improvements and/or changes to this Website’s features or functionality at any time.