Terms & Conditions of Use

Effective Date: September 14, 2017

These Terms and Conditions of Use (these “Terms of Use”) apply to your access or use www.jerryseinfeld.com (the “Website”) and any other websites owned or operated by Columbus 81 Productions, Inc. (referred to in these Terms of Use as “Provider,” “we,” “us” and “our”). Your use of, or access to, this Website constitutes your agreement to be bound by these Terms of Use. This Website is a service made available by Provider, and all content, information, services and software provided on or through this Website, in whole or in part (“Content”) may be accessed or used (“Use” or “Used”) by you (“you” or “User”) only in accordance with these Terms of Use.

1. Affirmative Representations Regarding Your Use of this Website. When you Use this Website, you represent that: (a) the information you submit to us is truthful and accurate; (b) your use of this Website and your use of services available on this Website do not violate any applicable law or regulation; (c) you are 18 years of age or older; and (d) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Use.

2. Privacy Policy. In connection with your use of the Website, please review our Privacy Policy, located [“at (URL)”, or “below on this page,” depending on design], to understand how we use information we collect from you when you Use this Website. The Privacy Policy is part of and is governed by these Terms of Use, and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy.

3. License; Limitations on Use.

3.1 Scope of Use. As a User of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to Use this Website and the Content in accordance with these Terms of Use. This Website and the Content is for your personal Use only and not for commercial exploitation, enhancement, verification or validation.

3.2 Linking to this Website. You may provide links to this Website, provided: (a) you do not remove or obscure, by framing or otherwise, any portion of our web pages, including their advertisements, the Website brand, the Terms of Use, or other notices on this Website without prior written consent from Provider; and (b) you promptly discontinue providing links to this Website if requested by Provider.

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.

4. Third Party Content and Links. Third party content may appear on this Website or may be accessible via links from this Website. Provider shall not be responsible for and assumes no liability in connection with any such content under any theory whatsoever, including but not limited to copyright or trademark infringement, defamation, or obscenity. You understand that the information and opinions in the third party content is neither endorsed by, nor does it reflect the beliefs or opinions of, Provider, and Provider provides no warranty in connection with any such content. You acknowledge that use of any third party website, whether accessed via link on the Website or otherwise, is governed by the terms of use and privacy policy for that website and not by these Terms of Use or Provider’s Privacy Policy. Provider reserves the right to disable any link or remove any third party content, at any time, in its sole discretion.

5. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained in these Terms of Use shall be construed as conferring or granting to you any license, ownership or other property right in or to this Website or any Content, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that this Website and Content are owned or licensed by us and are subject to copyright and other intellectual property rights under United States and foreign laws, and international conventions. The Website and the Content are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to this Website and the Content. You agree not to use or display any trademark, service mark, product name, trade name or logo appearing on this Website in any manner whatsoever without Provider’s or the respective owner’s prior written consent.

6. Not Professional Advice. Content is not intended to and does not constitute legal, medical, financial or any other professional advice. There is no attorney-client, doctor-patient or other professional relationship, nor is anything submitted to this Website treated as confidential except as set forth in the Privacy Policy.

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:

[ADDRESS]

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

8.1 Our Right to Manage this Website. We reserve the right, but do not undertake the obligation to: (a) monitor or review this Website for violations of these Terms of Use and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; (c) manage this Website in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Website; (d) screen our users, or attempt to verify the statements of our users; and/or (e) monitor disputes between you and other users or to terminate or block you and other users from violating these Terms of Use.

8.2 Our Right to Terminate Users. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person—for any reason or for no reason at all—as permitted by applicable law, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms of Use, or any applicable law or regulation.

8.3 Unlawful Activity.Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user e-mail addresses, usage history, IP addresses and traffic information.

8.5 Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Website and any other Provider web sites and their features.

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.

9.2. Limitation of Liability. To the extent permitted by applicable law, PROVIDER SHALL NOT BE LIABLE to you or any third party FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE OR THE CONTENT. To the extent permitted by applicable law, PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of Use, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms of Use, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

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.

10. Indemnification. You agree to indemnify, defend and hold Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. You will not be required to indemnify and hold Provider harmless from and against any claims, liabilities, damages, losses, or expenses resulting from Provider’s own negligent conduct.

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.

12.2 Agreement to Binding Arbitration.If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 12.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of this Website shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act.

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.

12.6 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 12.2 do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 12, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York, New York (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New York for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Use or this Website, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

13. Errors and Corrections. Provider may make improvements and/or changes to this Website’s features or functionality at any time.

14. Severability of Provisions. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

15. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision.

16. Assignment. We may assign our rights under these Terms of Use without your approval.

17. Entire Agreement. These Terms of Use constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

18. Modifications to Terms of Use. Provider may modify these Terms of Use from time to time. We will notify you of material changes to these Terms of Use by posting the amended terms on this Website at least thirty (30) days before the effective date of the changes. If you have provided your email address to us, we will notify you of material changes to these Terms of Use by email at least thirty (30) days before the effective date of the changes. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of this Website prior to the time the new Terms of Use take effect. If you continue using this Website after the new terms take effect, you will be bound by the modified Terms of Use.

19. Contact Information. If you have any questions about the Service or these Terms of Use, you can contact Provider by email at legal@columbus81.com.