THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE DISPUTE RESOLUTION SECTION BELOW FOR MORE INFORMATION.
The informational content on the Sites, not including information that we publish regarding products available for purchase on the Sites, is offered for general information, discussion, and entertainment purposes only. All such content reflects the personal opinions of the posters. You should be skeptical about such information on the Sites because the information may be offensive, harmful, and/or wrong. Neither the content of the Sites that we do not publish, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by the Sites or any affiliated person or entity. Therefore, the Sites include unmoderated information containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Such entries are the opinions of the specific authors and are not statements of advice, opinion, or information of the Sites or any or any Site-affiliated person or entity.
Posting and Commenting
You are responsible for your own postings and agree to access and use the Sites at your own risk on an as-is basis. Do not make postings that involve the following:
- Harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others
- Illegal activities
- Impersonation of any person or entity, or falsely states or misrepresents your affiliation with a person or entity
- Infringement of another’s intellectual property, including, but not limited to, trade secrets, trademarks and copyrights of any type
- Obscene, vulgar, hateful, or racially offensive language or images • Commercial advertising
- Gambling, contests, chain letters, “pyramid schemes,” or “multi-level marketing” schemes
- Comments personally attacking the author of a post.
Furthermore, you agree that, if a third party claims that any material you have contributed to the Sites is unlawful, you will bear the full burden of establishing that the material complies with all applicable laws.
Use of the Sites
When using the Sites, you agree to:
- Comply with applicable laws
- Not attempt to gain unauthorized access to any portion of the Sites, to any other systems or networks connected to the Sites, to any of our servers, or to any of the services offered through the Sites
- Not probe, scan, or test the vulnerability of the Sites
- Not upload any viruses or other malicious code to the Sites
- Not attempt to solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others
- Not take any action that interferes with the proper working of the Sites
- Not use any automated means to collect information or content from or otherwise access the Sites, including but not limited to through the use of technical tools known as robots, spiders, or scrapers without our prior, written permission
We reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. We may also edit, refuse to post, or remove any posting in our sole discretion. We reserve the right to restrict access by any users whom we believe are engaged in inappropriate, unprofessional, or unlawful conduct.
Violation and Removal Policy
We reserve the right to remove content which we, in our sole discretion, determine violates any of the rules set forth herein of which we become aware, but are under no obligation to do so. If you are offended by any content on the Sites, stop using the Sites.
The Sites and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or noninfringement.
We do not warrant that the Sites will operate in an uninterrupted or error-free manner or that the Sites are free of viruses or other harmful components. Use of information obtained from or through the Sites is at your own risk.
We is not liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use the Sites or any links; to your placement of content on the Sites; or to your reliance upon information obtained from or through the Sites or through links contained on the Sites.
By posting to or otherwise engaging in any communication within the Sites, you are granting us (or any of our assignees) a perpetual, royalty-free, fully paid up, worldwide and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such information or works contained in such communication.
All software, content and materials used or appearing on the Sites are the exclusive property of us or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual property rights laws. No copying, sale or exploitation of material from the Sites is permitted without the prior written consent of us and any other applicable copyright owner. You do not acquire any ownership rights by virtue of downloading material from the Sites.
Choice of Law
Dispute Resolution and Class Action Waiver.
To the fullest extent permitted by law, you and we agree to submit exclusively any claim, controversy or dispute arising out of or relating to the site, the services, this agreement or any other policies or other terms incorporated therein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) for resolution by confidential, individual, Binding arbitration, except that you may assert claims in small claims court if your claims qualify. The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches or estoppel.
To the fullest extent permitted by law: (i) you expressly waive any right you may have to arbitrate a dispute as a class action; and (ii) you also expressly waive your right to a jury trial.
The arbitration will be held in New York. If this location is not convenient for you, please let us know. we will work with you to determine a mutually convenient location. Any disagreements regarding the forum for arbitration will be settled by the arbitrator.
Disputes will be arbitrated on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in Nassau County, New York. the parties waive any plea or defense that such courts are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.
The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth by jams. Regardless of who initiates arbitration, we will pay your share of arbitration fees (not including your attorneys’ fees) up to a maximum of $2,500. If the arbitrator rules against us, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs up to a maximum of $5,000, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith.
Notwithstanding anything to the contrary in this section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction.
Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.
In the event that any provision of the agreement to arbitrate is held invalid or unenforceable, all other terms within the agreement to arbitrate shall remain in full force and effect.
When you use the Sites, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the Sites. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Sites or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Sites. You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for us to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed below. You confirm that you have the ability to access and retain e-mails.
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please send a Notice of Infringement to [email protected] that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. • Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
DISCLAIMER OF WARRANTIES
THE SITES AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION ON THE SITS IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERs THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF THEIR PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, COACHES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE INFORMATION CONTAINED ON THE SITES OR OBTAINED FROM YOUR USE OF TH SITES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THESITES, EVEN IF THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THEY OR ANY OF THEIR PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, COACHES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ SHARE IN ANY LIABILITY. TOTAL LIABILITY DEVOLVES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEEDING $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.