TOS

Last Updated: February 23, 2020

Introduction

IN ORDER TO USE OUR WEBSITE, YOU ARE REQUIRED TO READ THESE TERMS OF USE IN ITS ENTIRETY [which you must follow]. By using this website (the “Website”):

  • You are agreeing to all of the below terms and to the privacy policy that consists an integral part of this TOS, and available at: Website Privacy Policy (jointly, the “Agreement”), as they may be amended by us from time to time in our sole discretion.
  • YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Compliance with Intellectual Property Laws

When accessing our Website, you agree:

  • to obey the law and to respect the intellectual property rights of others. Your use of our Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
  • 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.
  • 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, or that is provided or transmitted using your User ID.
  • The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Prohibited Uses

We impose certain restrictions on your permissible use of our Website. You are prohibited from violating or attempting to violate any security features of our Website, 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 our Website, 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 our Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) 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 our Website. Any violation of system or network security may subject you to civil and/or criminal liability.

Inappropriate Content

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using our Website, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Alleged Violations

We reserve the right to terminate your use of our Website. To ensure that we provide a high quality experience for you and for other users of our Website, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of our Website. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of these Terms of Use, furnished us with false or misleading information, or interfered with others’ use of our Website.

User Content

By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to our Website, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives (“Licensee”) a license to use User Content in connection with the operation of the internet business of Licensee, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on our Website, 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 User Content.

Copyright Infringement

We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Website;

(d) Your contact details at which we can communicate with you with regards to your claim (such as telephone number, or e-mail address);

(e) A 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; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Website is Shannon Koehler, who can be reached as follows:

Attn: Legal Department
1345 Encinitas Blvd, #828
Encinitas, CA 92024
Email Address: [email protected]

Affiliated Websites

We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose internet sites may be linked with our Website. Because neither we nor our Website has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Third Party Content and Advertising

The Website may integrate third party content (“Third Party Content”) in order to provide you with the utmost information regarding the contents presented to you this Website. Such Third Party Content may include feeds, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. In consideration for Us granting you access to and use of the Website, you agree that the Website may display this Third-Party Content to you.

When you click on or access the Website, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with Us. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use, shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content.

WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER.

We do not control any Third Party Content, and you agree that We are not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by using the Website you may be exposed to Third Party Content that you may find objectionable, inaccurate, offensive, or indecent and that, in this respect, you use the Website at your own risk.

Arbitration Agreement And Class Action Waiver

  1. Class Action Waiver. Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of our Website shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
  2. If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section is enforceable, the following mandatory arbitration provisions apply to you:
  3. Arbitration.
    1. This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). We and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to us briefly summarizing the claim and the request for relief to the following email address: [email protected]. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings, or any other proceedings authorized herein.
    2. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.
    3. Any arbitration will be conducted in the English language.

No Warranties. We Disclaim All Warranties

WE ARE MAKING OUR WEBSITE 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, OUR WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR WEBSITE 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, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. 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. EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED ABOVE, THE TOTAL LIABILITY OF THE US AND OUR PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD).

Indemnity

You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of our Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Miscellaneous

  1. No License. Nothing contained on our Website 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.
  2. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  3. United States Use Only. Our Website is controlled and operated by us from its offices in the United States. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to our Website should not be construed as us purposefully availing ourselves of the benefits or privilege of doing business in any country other than the United States.
  4. Governing Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.
  5. Modifications. We may, in our sole discretion and without prior notice, (i) revise these Terms of Use; (ii) modify our Website; and (iii) discontinue our Website at any time. We shall post any revision to these Terms of Use to our Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on our Website periodically to be aware of any revisions. You agree that, by continuing to use or access our Website following notice of any revision, you shall abide by any such revision.

Acknowledgement

BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected]