Effective: December 31, 2019
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH MAY, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST COMPANY ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Account Creation and Passwords
To access certain portions of the Site, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provided any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of the Site.
You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.
By using the Site, you agree to the following terms:
- You shall not copy, store, redistribute, decompile, reverse-engineer, reproduce, transmit, modify, alter, emulate or disassemble any part of the Site in any way, or create derivative works thereof.
- You shall not access or search the Site by any means other than our publicly supported interfaces (for example, “scraping”).
- You shall not violate or attempt to violate our security features, including logging into a server that you are not authorized to access, or probing the vulnerability of our systems and networks.
- You shall not use the Site to harass, harm, threaten, abuse, or defame other users.
- You shall not use the Site to violate or encourage others to violate any local, state, national or international law, regulation or order.
- You shall not infringe any copyright, trademark, trade secret, patent or other right of any party.
- You shall not participate on the Site in any manner that consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Disclaimer of Warranties
The Site and all their content, functionality, assistance and services are provided “as is” without any warranties from either us or any third parties, either express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. Specifically, Company does not make any representations or warranties of any kind, express or implied, about the completeness, reliability and accuracy with respect to the Site or the information, Services or related graphics contained on the Site for any purpose. Any reliance on such information is therefore strictly at your own risk.
The Site are provided “as is” and “when available,” and we may change any or all its content, functionality and Services in our discretion at any time without notifying you.
Company does not guarantee that the Site will meet your requirements, or that they are error-free, reliable, without interruption or available at all times. Company does not guarantee that the Services that may be obtained from the use of the Site, including any support services, will be effective, reliable, and accurate or meet your requirements. Company does not guarantee that you will be able to access or use the Site (either directly or through third-party networks) at all times or locations of your choosing.
Limitations of Our Liabilities
To the extent permitted by law, neither Company nor any of the third parties will be liable under any circumstances for any indirect, special, consequential exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data. To the extent permissible by law, in no event will Company’s liability arising out of the use of the Site or our Services to exceed Item 576 from our posted rules tariff.
In addition, when using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Company, its partners, advertisers, and sponsors or any other third party mentioned on the Site. Accordingly, Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
You understand and agree that Company, its affiliate, and/or our or our affiliate’s licensor is(are) the sole and exclusive owner(s) of all right, title, and interest, including intellectual property rights, in and to the Services and Site (“Company IP”) at all times. You also understand and agree that Company is the sole and exclusive owner of all right, title, and interest, including intellectual property rights, in and to any and all information we collect about your online activities while using our Site or Services.
Our Site may contain links to web Site of third parties or contents provided by third parties such as our sponsors and affiliates. While their information, products and services may be helpful to you, these third parties are independent entities and we do not control or endorse them. We do not guarantee the quality, reliability, or suitability of any third party services provided, made available or linked through our Services and we will bear no responsibility for such third party services and contents. You agree that any visits to linked web Site or third party contents are solely at your own risk. There may be, from time to time, third party contents and services on our Site that are subject to further terms, including terms from the relevant third party that originally produced such contents and services. In such cases, you agree to comply with any such further terms and conditions.
Dispute Resolution and Agreement to Arbitrate
Choice of Law and Forum