Terms and Conditions of Use Notice
User Conduct and Materials
This Website may include discussion forums or other interactive areas, including, but not limited to, bulletin boards, chat rooms, forums and recipe storage and exchange areas (the “Interactive Areas”). All such Interactive Areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to, and your use of, such Interactive Areas of this Website. You agree not to do any of the following on or through the Website:
- 1. Upload, post, email, transmit, distribute or otherwise publish or make available any recipe, message, information, text, image, photo or other material (“User Material”) that we deem to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
- 2. Upload, post, email, transmit, distribute or otherwise publish or make available any User Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
- 3. Upload, post, email, transmit, distribute or otherwise publish or make available any User Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- 4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- 5. Without Company’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, commercial messages, advertising or solicitations for funds, goods or services, including junk mail, spam, chain letters and using our Email-a-Friend service to send any unwanted messages;
- 6. Harm minors in any way;
- 7. Upload, post, email, transmit, distribute or otherwise publish or make available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 8. Upload, post, email, transmit, distribute or otherwise publish, make available or disclose the private or personal information of any third party; or
- 9. Upload, post, email, transmit, distribute or otherwise publish or make available any User Material that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose Company or its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Material posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Company is not liable for any statements, representations or User Material provided by its users in any public forum, personal home page or other Interactive Area.
I. Copyrights; Limited License
You are granted a limited, nonexclusive right to create a hyperlink to any page of this Website, provided such link does not portray Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on any page of the Website, without Company’s express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of Company or any third party.
Third-Party Content & Services
Company may provide third party content on the Website and may provide hyperlinks to sites and content of third parties (collectively the “Third-Party Content”) as a service to those interested in this information. Company does not monitor nor does Company have control over any Third-Party Content. Company does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Company does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third Party-Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
Company may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on the Website.
By submitting any recipe, review, photograph, joke, image, “favorites” list, story, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (each, a “Submitted Item”) to Company, either online or offline, or in connection with a contest entry or, and whether or not solicited by Company, you hereby acknowledge that such Submitted Item is not confidential and you hereby grant to Company and its affiliates, partners and licensees an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party. Each Submitted Item is also subject to such other terms and conditions as Company may specify for particular submissions.
You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item, and its use by Company as contemplated herein, does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You further represent and warrant that you have attained the legal age of majority in your state/province (18 in most states/provinces). Parent or guardian must submit on behalf of any minor. You will take, at Company’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Company to effect, perfect and confirm the license granted to Company to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Company and Company is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by Company, we will include your name in conjunction with such publication, posting or use. By submitting a Submitted Item, you hereby grant Company the right to use your name in connection with the publication, use or posting or other use of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name and not your email address will be published with your Submitted Item.
THIS WEBSITE AND THE CONTENT AVAILABLE ON IT AND ANY SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
Company reserves the right to change any and all Content contained on this Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.
Limitation of Liability
IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE CONTENT OR SERVICES CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.
Screening, Removal and Disclosure
Although Company has no obligation to screen, edit or monitor any of the User Material posted in any Interactive Area, Company reserves the right to, at our sole discretion, monitor, screen, remove, take down, edit, move, destroy or delete any User Material and Submitted Items at any time and for any reason or no reason without notice, including, but not limited to User Material and Submissions, that we deem inappropriate or which we believe may subject us to any liability. You are solely responsible for creating backup copies of and replacing any User Material you post or store on the Website at your sole cost and expense. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Company reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any User Material and Submitted Item. Company also reserves the right, at any time in its sole discretion, and without notice, to discontinue the Website or any features or services available through the Website. You are solely responsible for creating backup copies of and replacing any User Material you post or store on the Website at your sole cost and expense.
DMCA Notice and Customer Care
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of Company not to permit materials known by Company to be infringing to remain on the Site. You should notify Company promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon Company receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Company will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please contact the representative listed at the bottom of this section for copyright infringement notices only. If you have a question about your Company account, a general question, or any other Customer Care inquiry, please email us at TermsandConditions@FamilyHandyman.com.
Last Updated January 02, 2019
jensonbrothers.com and any of its affiliates (collectively “Company”, “jensonbrothers.com “, we”, or “us”) operates an online marketplace for connecting users (a “User” or “you”) with relevant service providers in a geographic area (the “Services”) via http://jensonbrothers.com/ or at any affiliated web location (the “Website” or “Websites”). Jenson Brothers is owned and operated by Project Quote LLC (the “Company”).
Your use of the Services is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
At our sole discretion, we may disable your ability to use our Website and Services if we believe you are or have become unable to consent to these Terms.
1. Translation. We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Company, and any inconsistencies among the different versions will be resolved in favor of the English version.
2. Service Availability. The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. If the Services were discontinued at any time, all data would be deleted pursuant to the discontinuation process.
4. Age. The Service is meant for those at least eighteen (18) years of age. Use of the Service by anyone under this age is a violation of the Terms of Service. You may not use the Service if you are a competitor of the Service, or if we have previously banned you from use of the Service or closed your account.
5. Use of the Service.
5.1 In the event you use the Services you agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the Services;
b. to maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Services by you; and
c. that your account is for your personal and/or business use. You may not resell the Service.
d. that by creating an account, you agree to receive certain communications in connection with the Services.
e. that you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Services, including charges resulting from unauthorized use of your account.
f. to use the Services only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Services. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use of the Services.
g. that your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
5.2 You may not do any of the following while accessing or using the Services:
a. solicit service professionals for marketing or advertising purposes or any other use not contemplated herein.
b. access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
c. impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with the Services.
d. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
e. access or search or attempt to access or search the Services by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
f. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
g. disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or otherwise creating an undue burden on the Services.
h. access the Services by any means except through the interface provided by Company for access to the Services. Creating or maintaining any link from another application to any page at the Services without the prior authorization of Company is prohibited. Running or displaying the Services, or any information or material displayed via the Services in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Services must comply with all applicable laws, rule and regulations.
5.3 Furthermore, you herein agree not to make use of the Services for:
a. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b. causing harm to minors in any manner whatsoever;
c. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
d. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
e. interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;
f. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
g. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Nationality Act;
h. collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
5.4 You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Services. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Services.
6. Third Party Sites, Service Professionals & Services
6.1 For Users
a. Links provided via the Services to Third-Party websites, Third-Party Service Providers and/or Third-Party Services (together “Third-Party Providers”) are provided only as a convenience. If you use these Third-Party Providers or use links to such websites, you may leave the Services. Company does not control nor endorse any such Third-Party Providers. You agree that the Company Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such Third-Party Providers or for your use or inability to use such Third-Party Providers.
b. You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party websites linked from the Services, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Third-Party website or in advertisements or content that Third-Party Providers may have in the Services.
c. Your interactions Third-Party Providers found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third-Party Providers. We do not guarantee the work of Third-Party Providers. You agree and acknowledge that Company is not a party to any transactions you may enter into using the Services and shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the products and services of Third-Party Providers. Any disputes that arise between you and a Third-Party Provider are between you and the Third-Party Provider.
6.2 For Third-Party Providers
a. As a Third-Party Provider with information on the Site, you understand that we are providing the Services for the purposes of facilitating opportunities for you to connect with consumers. You agree and acknowledge that Company is not a party to any transactions you may enter into using the Services and the Company shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the products and services you may be providing to the public.
7.0 Information You Provide to Us & TCPA Consent
7.1 When filling out our forms to request one or more services you will be prompted to provide information about yourself such as first and last name, email address, phone number, street address, zip code, comments, services, and other information as we may request from time to time. Some, if not all, of the information you provide to us may be sent to Third-Party Provider, so they can respond to your service request.
7.2 When you submit our forms or providing this information to us, you are giving us your consent and verification of your intention that you desire to be contacted by us and/or Third-Party Providers. You hereby authorize us and/or Third-Party Providers to communicate with you via phone, text, fax, email, SMS messaging, or other means, at any of the contact numbers or addresses provided, even if you have previously been or currently are listed on any federal Do Not Call List or other state, federal, city, county, or provincial list. This includes solicitations, notifications, appointments, scheduling, and follow ups for other purposes reasonably related to your service request including marketing related emails.
7.3 When you submit our forms or provide this information to us, you are also authorizing Company and Third-Party Providers to contact you using prerecorded telephone technology including prerecorded messages that are autodialed to call you regarding your use of the Services. You may receive multiple calls to the landline or mobile number you provided to us from up to four Third-Party Providers.
7.4 Your use of the Services, and your acknowledgement that you accept these Terms and Services by using the Services is your prior express consent for Third-Party Providers to use prerecorded telephone technology including prerecorded messages that are autodialed to call.
a. SMS Messaging. By filling in our form and submitting your information to us and Third-Party Providers, you acknowledge and agree that Third-Party Providers may send you informational text messages, SMS messages as part of their normal business practices. You may choose to opt out from receiving these SMS messages at any time by texting STOP from the mobile device that is receiving the messages.
b. Call Recording. You agree and acknowledge that we and/or Third-Party Providers may monitor and/or record any phone calls you make using the phone numbers listed on our websites.
8. Intellectual Property.
8.1 You acknowledge that all materials on the Services, including, but not limited to, the Website design, Application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Company and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Company authorizes you to view, download and/or print the Materials provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial resale purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described in the Services are the sole property of Company and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Company and/or its licensors. Company reserves the right to enforce its intellectual property rights fully under the law.
8.2 Your use of the Services is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Services are either the property of Company, its affiliates or licensors. Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Company to you are fully reserved by Company, its advertisers and licensors.
8.3 Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Services may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Services.
9. Termination. You may terminate your use of the Services at any time. You agree that Company may terminate or suspend your access to all or part of the Services, with or without notice, in our reasonable discretion, at any time. Company reserves the right to modify or discontinue the Services (or any part thereof) with or without notice, at any time. Following the termination or cancellation of your subscription to the Services and/or your account, we reserve the right to delete all your data in the normal course of operations.
10. Representations. You expressly represent, warrant, and/or acknowledge that:
10.1 Company does not warrant or guarantee the suitability or availability of any material or content, including without limitation any, data, products or services, found through the Service.
10.2 Company does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products or services found through the Service.
10.3 Company makes no representations or promises regarding any material or content, and that many of the Material or Content provided via the Service may be owned or licensed by third parties.
10.4 Any information, including any data, materials, or content on the Service, including on any Facebook, Instagram or Twitter page, are for informational purposes only.
10.5 Our content may offer advice from time to time and you acknowledge and agree that our suggestions or advice are not a substitute for the knowledge and advice from a licensed professional.
11. Warranties, Disclaimers and Limitations of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
11.1 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, COMPANY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE COMPANY SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
11.2 THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE SERVICE OR BETWEEN A USER OF THE SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
11.4 NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO COMPANY VIA THE SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY COMPANY TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.
11.5 YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM YOU MAY BRING MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IT WILL BE PERMANENTLY BARRED.
11.6 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
11.7 If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.”
12. Indemnification. You agree to indemnify, defend and hold harmless the Company Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
13. Procedure for Notifying the Company of Copyright Infringement.
13.1 Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Information describing where the allegedly infringing material is located on the Service.
d. Your address, telephone number, and email address.
e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
The foregoing information may be emailed or mailed to our Copyright Agent at the addresses listed at the end of this Terms of Service.
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
14. Applicable Law and Jurisdiction. Your use of the Service is governed by and will be enforced under the laws of the State of Kentucky without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within this stated Jurisdiction. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator located in or near Grayson County, Kentucky. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Company may seek any interim or preliminary relief from a court of competent jurisdiction in the State listed above necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
15.1 These Terms of Service constitute the entire agreement between Company and each user of the Service with respect to the subject matter of these Terms of Service.
a. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
b. The failure of the Company Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.
c. We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
d. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
e. No action arising out of these Terms of Service or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
16. Customer Service. If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at the address below.