Last updated on February 9, 2014
By accessing, visiting and/or using the Website, you agree to abide by these Terms. You may not access and/or use the Website if you are considered as a minor according to the laws of the jurisdiction in which you reside.
Amendments to these Terms. These Terms may be amended by us, from time to time, and your continual access and/or use of the Website subsequent to any changes to these Terms shall conclusively mean that you accept all such changes. When we update these Terms, we will update the effective date posted on the top of this page.
Electronic Communications. When you send emails to us, you are communicating with us electronically. You agree to receive electronic communication from us and that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also agree that any information you provide to us electronically may be used by us to improve the Website, our services or otherwise at our sole discretion.
Third Parties Content. The Website provides you with links to third party sites, content and/or software (collectively, “Third Party Content”). Any use by you of Third Party Content that is available via the Website is subject to the terms and conditions of any such Third Party Content. You acknowledge that we have no control over and assume no responsibility for Third Party Content. You assume all responsibility and risk in connection with your use of Third Party Content and we hereby disclaim any and all liability to you or any third party in connection thereto. We have no obligation to examine, review or monitor Third Party Content and are not responsible for the accuracy, completeness, appropriateness or legality of Third Party Content. The availability of any Third Party Content as part of the Website is not an endorsement of any such Third Party Content and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto. In addition, you acknowledge and agree that certain Third Party Content may cease to be available to you from the Website at our sole discretion and without notification to you.
License. Subject to your compliance with these Terms, we hereby grant you a limited, royalty-free, non-exclusive, revocable, non-transferable, non-sub-licensable license to access and make personal and noncommercial use of the Website. All rights which are not expressly granted hereunder are reserved by us. You represent and warrant that you will not reverse engineer, decompile, disassemble, or otherwise attempt to access the Website’s source code, copy, reproduce, duplicate, sell, resell, distribute or modify any part of the Website or otherwise exploit it for any commercial purpose. The license granted by us terminates if you do not comply with these Terms.
Intellectual Property. The Website contains copyrighted material, trademarks and other intellectual property, including, but not limited to, text, software, photos, video, graphics, buttons and icons owned by us or is licensed to us by our partners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any part of the Website, in whole or in part.
Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ANY THIRD PARTY CONTENT INCLUDING WITHOUT LIMITATION, ANY SOFTWARE OR MATERIALS PROVIDED THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF DESIGN, OPERATION AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION, MERCHANTABILITY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION, OR THAT IT WILL MEET YOUR EXPECTATIONS. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
NO LIABILITY. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNEES, OR LICENSORS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF THESE TERMS OR THE ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY DAMAGES WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION FOR ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOSS OF GOODWILL, LOST PROFITS OR GOODWILL, LOST OR DAMAGED DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUFFERED BY YOU AND/OR ANY THIRD PARTY. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE WEBSITE IS TO STOP USING IT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THREE HUNDRED U.S. DOLLARS (US$300). THE LIMITATIONS HEREIN SHALL APPLY EVEN IF WE KNOW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF ANY OF THE ABOVE DAMAGES.
Indemnification. You shall indemnify, defend, and hold us and our directors, officers, and employees from and against all claims, suites, costs, damages, losses, liability, and expenses, including without limitation, reasonable attorneys’ fees and other legal expenses, arising from or incurred as a result of your access and/or use of the Website, or your violation of these Terms.
Termination. These Terms and your right to visit and/or use the Website automatically terminates without notice, if you fail to comply with any provision of these Terms. We may terminate these Terms at any time with or without prior notice. You may terminate these Terms at any time by stopping to use the Website. The provisions of Sections 6, 7, 8, 9, 11, 12, 13 and this Section 10 shall survive any termination of these Terms.
Arbitration. These Terms shall be construed and governed in accordance with the laws of the state of New York, U.S.A Any dispute or claim relating in any way to your use of the Website will be finally resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitration shall be conducted by a single arbitrator in accordance with the American Arbitration Association (“AAA”) under its rules. The language of the arbitration shall be English. The AAA's rules are available at www.adr.org. To begin an arbitration proceeding, you must contact us at: email@example.com requesting arbitration and describing your claim.
Class Action Waiver. The parties to these Terms agree to resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms in connection with the Website will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The parties to these Terms further agree that they shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms or in connection with the Website. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in the city of New York, New York, U.S.A
General. These Terms constitutes the entire agreement between the parties and supersedes all prior oral or written communications, agreements and/or understandings. If a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. We shall be entitled to assign these Terms at our discretion. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If we fail to enforce any rights or to take action against you in the event of any breach hereunder, it shall not be deemed a waiver of such right or of subsequent actions in the event of future breaches.
Contact Us. If you have any questions, complaints and/or claims, you may contact us at: firstname.lastname@example.org