- AGE. The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site.
(a) Waiver of Jury Trial and Class Actions – The parties agree to waive their right to a jury trial or to participate as a class member in a class action lawsuit or consolidated class action arbitration proceeding.
(b) OPT-OUT – IF YOU ARE A NEW USER OF THE SITE, YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT BY GIVING US NOTICE AT JIMEDLHUBER@GMAIL.COM WITHIN 30 DAYS OF ACCESSING THE SITE.
(d) Location – The place of arbitration shall be in the Los Angeles, California. United States.
(e) Notice – If you intend to seek arbitration with us, you must first send a Notice of Dispute (“Notice”) to firstname.lastname@example.org. Your notice should include the following information:
Your email and phone number,
Your physical mailing address,
The nature of the dispute with us,
Any supporting documentation, and
The relief you are seeking.
The served party shall review the Notice within 30 days. If 30 days passes from the date of receipt without resolution, either party may move forward with arbitration.
(f) Attorney’s Fees – The parties agree they shall be responsible for their own attorneys’ fees and shall equally share the cost of arbitration.
- COMMUNICATION. When you contact us or signup for a free newsletter, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.
- USER CONTENT. You grant us a license to use the materials you post to the Site in the form of comments and other submissions. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of our business, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree we may publish or otherwise disclose your name in connection with your User Content. In posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademarks, and other intellectual property laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
- ACCURACY OF INFORMATION. We use reasonable efforts to furnish accurate and up-to-date information. However, we do not warrant that any information contained in or made available through this Site is accurate, complete, reliable, current or error-free. We assume no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications.
- NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS, BODILY INJURY, LOSS OF EARNINGS, OR MEDICAL BILLINGS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE PARTIES AGREE THE EXTENT OF ANY MONETARY AWARD SHALL BE LIMITED TO NO MORE THAN $500 SHOULD WE BE FOUND LIABLE IN ANY LEGAL ACTION BROUGHT BY YOU.
- EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
- PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. You are further prohibited from copying any content on the Site, whether manually or through automated means, without our express permission. Any violation of system or network security may subject you to civil and/or criminal liability.
- COPYRIGHT. All contents are Copyright © 2016. All rights reserved.
- NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
- AMENDMENTS. We reserve the right to amend these Terms and shall do so by posting a notice on the Site. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by opting out of our email list.