Company makes no representation that the Website isappropriate or available in other locations other than where it is operated byCompany. The information provided on the Website is not intended fordistribution to or use by any person or entity in any jurisdiction or countrywhere such distribution or use would be contrary to law or regulation or whichwould subject Company to any registration requirement within such jurisdictionor country. Accordingly, those persons who choose to access the Website fromother locations do so on their own initiative and are solely responsible forcompliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which theyreside (generally under the age of 18) must have the permission of, and bedirectly supervised by, their parent or guardian to use the Website. If you area minor, you must have your parent or guardian read and agree to this Agreementprior to you using the Website. Persons under the age of 13 are not permittedto register for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BYACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE)AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THISAGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THEFUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICESOR THE WEBSITE.
Company bills you through an online billing account forpurchases of products and/or services. You agree to pay Company all charges atthe prices then in effect for the products you or other persons using yourbilling account may purchase, and you authorize Company to charge your chosen paymentprovider for any such purchases. You agree to make payment using that selectedpayment method. If you have ordered a product or service that is subject torecurring charges then you consent to our charging your payment method on arecurring basis, without requiring your prior approval from you for eachrecurring charge until such time as you cancel the applicable product orservice. Company reserves the right to correct any errors or mistakes inpricing that it makes even if it has already requested or received payment.Sales tax will be added to the sales price of purchases as deemed required byCompany. Company may change prices at any time. All payments shall be in U.S.dollars.
All sales are final and no refunds shall be issued.
Regarding Your Registration
By using the Company Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
E. your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a username you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user\'s actual name.
Regarding Content You Provide
The Website may invite you to chat or participate in blogs,message boards, online forums and other functionality and may provide you withthe opportunity to create, submit, post, display, transmit, perform, publish,distribute or broadcast content and materials to Company and/or to or via theWebsite, including, without limitation, text, writings, video, audio,photographs, graphics, comments, suggestions or personally identifiableinformation or other material (collectively "Contributions"). AnyContributions you transmit to Company will be treated as non-confidential andnon-proprietary. When you create or make available a Contribution, you therebyrepresent and warrant that:
A. the creation, distribution, transmission, public displayand performance, accessing, downloading and copying of your Contribution doesnot and will not infringe the proprietary rights, including but not limited tothe copyright, patent, trademark, trade secret or moral rights of any thirdparty;
B. you are the creator and owner of or have the necessarylicenses, rights, consents, releases and permissions to use and to authorizeCompany and the Website users to use your Contributions as necessary to exercisethe licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permissionof each and every identifiable individual person in the Contribution to use thename or likeness of each and every such identifiable individual person toenable inclusion and use of the Contribution in the manner contemplated by thisWebsite;
D. your Contribution is not obscene, lewd, lascivious,filthy, violent, harassing or otherwise objectionable (as determined byCompany), libelous or slanderous, does not ridicule, mock, disparage,intimidate or abuse anyone, does not advocate the violent overthrow of anygovernment, does not incite, encourage or threaten physical harm againstanother, does not violate any applicable law, regulation, or rule, and does notviolate the privacy or publicity rights of any third party;
E. your Contribution does not contain material that solicitspersonal information from anyone under 18 or exploit people under the age of 18in a sexual or violent manner, and does not violate any federal or state lawconcerning child pornography or otherwise intended to protect the health orwell-being of minors;
F. your Contribution does not include any offensive commentsthat are connected to race, national origin, gender, sexual preference orphysical handicap;
G. your Contribution does not otherwise violate, or link tomaterial that violates, any provision of this Agreement or any applicable lawor regulation.
By posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, withoutlimitation, your image and voice) for any purpose, commercial, advertising, orotherwise, to prepare derivative works of, or incorporate into other works,such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any mediachannels. Such use and distribution license will apply to any form, media, ortechnology now known or hereafter developed, and includes our use of your name,company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images youprovide. Company does not assert any ownership over your Contributions; rather,as between us and you, subject to the rights granted to us in this Agreement,you retain full ownership of all of your Contributions and any intellectualproperty rights or other proprietary rights associated with your Contributions.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii)pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user a personal, limited,non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license toaccess, download, print and otherwise use your Contributions for their internalpurposes and not for distribution, transfer, sale or commercial exploitation ofany kind.
GUIDELINES FOR REVIEWS
Company may accept, reject or remove reviews in its solediscretion. Company has absolutely no obligation to screen reviews or to deletereviews, even if anyone considers reviews objectionable or inaccurate. Thosepersons posting reviews should comply with the following criteria: (1)reviewers should have firsthand experience with the person/entity beingreviewed; (2) reviews should not contain: offensive language, profanity, orabusive, racist, or hate language; discriminatory references based on religion,race, gender, national origin, age, marital status, sexual orientation ordisability; or references to illegal activity; (3) reviewers should not beaffiliated with competitors if posting negative reviews; (4) reviewers shouldnot make any conclusions as to the legality of conduct; and (5) reviewers maynot post any false statements or organize a campaign encouraging others to postreviews, whether positive or negative. Reviews are not endorsed by Company, anddo not represent the views of Company or of any affiliate or partner ofCompany. Company does not assume liability for any review or for any claims,liabilities or losses resulting from any review. By posting a review, thereviewer hereby grants to Company a perpetual, non-exclusive, worldwide,royalty-free, fully-paid, assignable and sublicensable license to Company toreproduce, modify, translate, transmit by any means, display, perform and/ordistribute all content relating to reviews.
MOBILE APPLICATION LICENSE
If you are accessing the Company Services via a mobileapplication, then Company grants you a revocable, non-exclusive,non-transferable, limited right to install and use the application on wirelesshandsets owned and controlled by you, and to access and use the application onsuch devices strictly in accordance with the terms and conditions of thislicense. You shall use the application strictly in accordance with the terms ofthis license and shall not: (a) decompile, reverse engineer, disassemble,attempt to derive the source code of, or decrypt the application; (b) make anymodification, adaptation, improvement, enhancement, translation or derivativework from the application; (c) violate any applicable laws, rules orregulations in connection with your access or use of the application; (d)remove, alter or obscure any proprietary notice (including any notice ofcopyright or trademark) of Company or its affiliates, partners, suppliers orthe licensors of the application; (e) use the application for any revenuegenerating endeavor, commercial enterprise, or other purpose for which it isnot designed or intended; (f) make the application available over a network orother environment permitting access or use by multiple devices or users at thesame time; (g) use the application for creating a product, service or softwarethat is, directly or indirectly, competitive with or in any way a substitutefor the application; (h) use the application to send automated queries to anywebsite or to send any unsolicited commercial e-mail; or (i) use anyproprietary information or interfaces of Company or other intellectual propertyof Company in the design, development, manufacture, licensing or distributionof any applications, accessories or devices for use with the application.
TERMS APPLICABLE TO APPLE AND ANDROID DEVICES:
The following terms apply when you use a mobile applicationobtained from either the Apple Store or Google Play to access the CompanyServices. You acknowledge that this Agreement is concluded between you andCompany only, and not with Apple Inc. or Google, Inc. (each an “AppDistributor”), and Company, not an App Distributor, is solely responsible forthe Company application and the content thereof.
(1) SCOPE OF LICENSE: The license granted to you for theCompany application is limited to a non-transferable license to use the Companyapplication on a device that utilizes the Apple iOS or Android operatingsystem, as applicable, and in accordance with the usage rules set forth in theapplicable App Distributor terms of service.
(2) MAINTENANCE AND SUPPORT: Company is solely responsiblefor providing any maintenance and support services with respect to the Companyapplication, as specified in this Agreement, or as required under applicablelaw. You acknowledge that each App Distributor has no obligation whatsoever tofurnish any maintenance and support services with respect to the Companyapplication.
(3) WARRANTY: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Company application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Company application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Company application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
(4) PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Company application or your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Company application or your possession and use of the Company application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting ”country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
(7) THIRD PARTY TERMS OF AGREEMENT: You must comply withapplicable third party terms of agreement when using the Company application,e.g., if you have a VoIP application, then you must not be in violation oftheir wireless data service agreement when using the Company application.
(8) THIRD PARTY BENEFICIARY: Company and you acknowledge andagree that the App Distributors, and their subsidiaries, are third partybeneficiaries of this Agreement, and that, upon your acceptance of the termsand conditions of this Agreement, each App Distributor will have the right (andwill be deemed to have accepted the right) to enforce this Agreement againstyou as a third party beneficiary thereof.
As part of the functionality of the Website, you may linkyour account with online accounts you may have with third party serviceproviders (each such account, a “Third Party Account”) by either: (i) providingyour Third Party Account login information through the Website; or (ii)allowing Company to access your Third Party Account, as is permitted under theapplicable terms and conditions that govern your use of each Third PartyAccount. You represent that you are entitled to disclose your Third PartyAccount login information to Company and/or grant Company access to your ThirdParty Account (including, but not limited to, for use for the purposesdescribed herein), without breach by you of any of the terms and conditionsthat govern your use of the applicable Third Party Account and withoutobligating Company to pay any fees or making Company subject to any usagelimitations imposed by such third party service providers. By granting Companyaccess to any Third Party Accounts, you understand that (i) Company may access,make available and store (if applicable) any content that you have provided toand stored in your Third Party Account (the “Social Network Content”) so thatit is available on and through the Website via your account, including withoutlimitation any friend lists, and (ii) Company may submit and receive additionalinformation to your Third Party Account to the extent you are notified when youlink your account with the Third Party Account. Depending on the Third PartyAccounts you choose and subject to the privacy settings that you have set insuch Third Party Accounts, personally identifiable information that you post toyour Third Party Accounts may be available on and through your account on theWebsite. Please note that if a Third Party Account or associated servicebecomes unavailable or Company’s access to such Third Party Account isterminated by the third party service provider, then Social Network Content mayno longer be available on and through the Website. You will have the ability todisable the connection between your account on the Website and your Third PartyAccounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTYSERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELYBY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Company makes no effort to review any Social Network Contentfor any purpose, including but not limited to, for accuracy, legality ornon-infringement, and Company is not responsible for any Social NetworkContent. You acknowledge and agree that Company may access your e-mail addressbook associated with a Third Party Account and your contacts list stored onyour mobile device or tablet computer solely for the purposes of identifyingand informing you of those contacts who have also registered to use theWebsite. At your request made via email to our email address listed below, orthrough your account settings (if applicable), Company will deactivate theconnection between the Website and your Third Party Account and delete anyinformation stored on Company’s servers that was obtained through such ThirdParty Account, except the username and profile picture that become associatedwith your account.
You acknowledge and agree that any questions, comments,suggestions, ideas, feedback or other information about the Website or theCompany Services ("Submissions") provided by you to Company arenon-confidential and Company (as well as any designee of Company) shall beentitled to the unrestricted use and dissemination of these Submissions for anypurpose, commercial or otherwise, without acknowledgment or compensation toyou.
You may not access or use the Website for any other purposeother than that for which Company makes it available. The Website may not beused in connection with any commercial endeavors except those that arespecifically endorsed or approved by Company. Prohibited activity includes, butis not limited to:
A. attempting to bypass any measures of the Website designedto prevent or restrict access to the Website, or any portion of the Website
B. attempting to impersonate another user or person or usingthe username of another user
C. criminal or tortious activity
D. deciphering, decompiling, disassembling or reverseengineering any of the software comprising or in any way making up a part ofthe Website
E. deleting the copyright or other proprietary rights noticefrom any Website content
F. engaging in any automated use of the system, such asusing any data mining, robots or similar data gathering and extraction tools
G. except as may be the result of standard search engine orInternet browser usage, using or launching, developing or distributing anyautomated system, including, without limitation, any spider, robot (or"bot"), cheat utility, scraper or offline reader that accesses theWebsite, or using or launching any unauthorized script or other software
H. harassing, annoying, intimidating or threatening any Companyemployees or agents engaged in providing any portion of the Company Services toyou
I. interfering with, disrupting, or creating an undue burdenon the Website or the networks or services connected to the Website
J. making any unauthorized use of the Company Services,including collecting usernames and/or email addresses of users by electronic orother means for the purpose of sending unsolicited email, or creating useraccounts by automated means or under false pretenses
K. systematic retrieval of data or other content from theWebsite to create or compile, directly or indirectly, a collection,compilation, database or directory without written permission from Company
L. tricking, defrauding or misleading Company and otherusers, especially in any attempt to learn sensitive account information such aspasswords
M. using any information obtained from the Website in orderto harass, abuse, or harm another person
N. using the Website in a manner inconsistent with any andall applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and thetrademarks, service marks and logos contained therein (“Marks”) are owned by orlicensed to Company, and are subject to copyright and other intellectualproperty rights under United States and foreign laws and internationalconventions. Company Content, includes, without limitation, all source code,databases, functionality, software, website designs, audio, video, text,photographs and graphics. All Company graphics, logos, designs, page headers,button icons, scripts and service names are registered trademarks, common lawtrademarks or trade dress of Company in the United States and/or othercountries. Company\'s trademarks and trade dress may not be used, including aspart of trademarks and/or as part of domain names, in connection with anyproduct or service in any manner that is likely to cause confusion and may notbe copied, imitated, or used, in whole or in part, without the prior writtenpermission of the Company.
Company Content on the Website is provided to you “AS IS”for your information and personal use only and may not be used, copied,reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold,licensed, or otherwise exploited for any other purposes whatsoever without theprior written consent of the respective owners. Provided that you are eligibleto use the Website, you are granted a limited license to access and use theWebsite and the Company Content and to download or print a copy of any portionof the Company Content to which you have properly gained access solely for yourpersonal, non-commercial use. Company reserves all rights not expressly grantedto you in and to the Website and Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Websiteor the Company Services) links to other websites ("Third PartyWebsites") as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software and othercontent or items belonging to or originating from third parties (the"Third Party Content"). Such Third Party Websites and Third PartyContent are not investigated, monitored or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird Party Websites accessed through the Website or any Third Party Contentposted on, available through or installed from the Website, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices orother policies of or contained in the Third Party Websites or the Third PartyContent. Inclusion of, linking to or permitting the use or installation of anyThird Party Website or any Third Party Content does not imply approval or endorsementthereof by us. If you decide to leave the Website and access the Third PartyWebsites or to use or install any Third Party Content, you do so at your ownrisk and you should be aware that our terms and policies no longer govern. Youshould review the applicable terms and policies, including privacy and datagathering practices, of any website to which you navigate from the Website orrelating to any applications you use or install from the Website. Any purchasesyou make through Third Party Websites will be through other websites and fromother companies, and Company takes no responsibility whatsoever in relation tosuch purchases which are exclusively between you and the applicable thirdparty.
Company reserves the right but does not have the obligationto:
A. monitor the Website for violations of this Agreement;
B. take appropriate legal action against anyone who, inCompany’s sole discretion, violates this Agreement, including withoutlimitation, reporting such user to law enforcement authorities;
C. in Company’s sole discretion and without limitation,refuse, restrict access to or availability of, or disable (to the extenttechnologically feasible) any user’s contribution or any portion thereof thatmay violate this Agreement or any Company policy;
D. in Company’s sole discretion and without limitation,notice or liability to remove from the Website or otherwise disable all filesand content that are excessive in size or are in any way burdensome toCompany’s systems;
E. otherwise manage the Website in a manner designed toprotect the rights and property of Company and others and to facilitate theproper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect whileyou use the Website or are otherwise a user or member of the Website, asapplicable. You may terminate your use or participation at any time, for anyreason, by following the instructions for terminating user accounts in youraccount settings, if available, or by contacting us using the contactinformation below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT,COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES,TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUTLIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED INTHIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAYTERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES,DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANYTIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website and CompanyServices, Company reserves the right at any time in its sole discretion toblock certain IP addresses from accessing the Website and Company Services.
Any provisions of this Agreement that, in order to fulfillthe purposes of such provisions, need to survive the termination or expirationof this Agreement, shall be deemed to survive for as long as necessary to fulfillsuch purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THISAGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OFCOMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDINGSUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVEDURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW INTHIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLYTO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for anyreason, you are prohibited from registering and creating a new account underyour name, a fake or borrowed name, or the name of any third party, even if youmay be acting on behalf of the third party. In addition to terminating orsuspending your account, Company reserves the right to take appropriate legalaction, including without limitation pursuing civil, criminal, and injunctiveredress.
Company may modify this Agreement from time to time. Any andall changes to this Agreement will be posted on the Website and revisions willbe indicated by date. You agree to be bound to any changes to this Agreementwhen you use the Company Services after any such modification becomeseffective. Company may also, in its discretion, choose to alert all users withwhom it maintains email information of such modifications by means of an emailto their most recently provided email address. It is therefore important thatyou regularly review this Agreement and keep your contact information currentin your account settings to ensure you are informed of changes. You agree thatyou will periodically check the Website for updates to this Agreement and youwill read the messages we send you to inform you of any changes.
Modifications to this Agreement shall be effective afterposting.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
If there is a dispute between users of the Website, orbetween users and any third party, you understand and agree that Company isunder no obligation to become involved. In the event that you have a disputewith one or more other users, you hereby release Company, its officers,employees, agents and successors in rights from claims, demands and damages(actual and consequential) of every kind or nature, known or unknown, suspectedand unsuspected, disclosed and undisclosed, arising out of or in any wayrelated to such disputes and/or the Company Services.
All questions of law, rights, and remedies regarding anyact, event or occurrence undertaken pursuant or relating to this Website or theCompany Services shall be governed and construed by the laws of theState/Commonwealth of California, excluding such state’s conflicts of lawrules. Any legal action of whatever nature by or against Company arising out ofor related in any respect to this Website and the Company Services shall bebrought solely in either the applicable federal or state courts located in orwith jurisdiction over Los Angeles County, State of California; subject,however, to the right of Company, at the Company\'s sole discretion, to bringan action to seek injunctive relief to enforce this Agreement or to stop orprevent an infringement of proprietary or other third party rights (or anysimilar cause of action) in any applicable court in any jurisdiction wherejurisdiction exists with regard to a user. You hereby consent to (and waive anychallenge or objection to) personal jurisdiction and venue in theabove-referenced courts. Application of the United Nations Convention onContracts for the International Sale of Goods is excluded from this Agreement.Additionally, application of the Uniform Computer Information Transaction Act(UCITA) is excluded from this Agreement. In no event shall any claim, action orproceeding by you related in any way to the Website and/or the Company Services(including your visit to or use of the Website and/or the Company Services) beinstituted more than two (2) years after the cause of action arose. You will beliable for any attorneys\' fees and costs if we have to take any legal actionto enforce this Agreement.
Occasionally there may be information on the Website thatcontains typographical errors, inaccuracies or omissions that may relate toservice descriptions, pricing, availability, and various other information.Company reserves the right to correct any errors, inaccuracies or omissions andto change or update the information at any time, without prior notice.
Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not representor imply that Company endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or other wise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICESWILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITSOFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYMAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OFTHE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE ANDASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANYSERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE ORFEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TOOR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU ANDTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USEYOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDINGLOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USEOF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OFTHE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IFANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3)MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWSAPPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLYTO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVILCODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TOCLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THETIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLYAFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold Company, itssubsidiaries, and affiliates, and their respective officers, agents, partnersand employees, harmless from and against, any loss, damage, liability, claim,or demand, including reasonable attorneys’ fees and expenses, made by any thirdparty due to or arising out of your contributed content, use of the CompanyServices, and/or arising from a breach of this Agreement and/or any breach ofyour representations and warranties set forth above. Notwithstanding theforegoing, Company reserves the right, at your expense, to assume the exclusivedefense and control of any matter for which you are required to indemnifyCompany, and you agree to cooperate, at your expense, with Company’s defense ofsuch claims. Company will use reasonable efforts to notify you of any suchclaim, action, or proceeding which is subject to this indemnification uponbecoming aware of it.
Except as explicitly stated otherwise, any notices given toCompany shall be given by email to the address listed in the contactinformation below. Any notices given to you shall be given to the email addressyou provided during the registration process, or such other address as eachparty may specify. Notice shall be deemed to be given twenty-four (24) hoursafter the email is sent, unless the sending party is notified that the emailaddress is invalid. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer tothe Website for the purpose of the performance of the Company Services, as wellas data relating to your use of the Company Services. Although we performregular routine backups of data, you are primarily responsible for all datathat you have transferred or that relates to any activity you have undertakenusing the Company Services. You agree that Company shall have no liability toyou for any loss or corruption of any such data, and you hereby waive any rightof action against Company arising from any such loss or corruption of suchdata.
Your use of the Company Services includes the ability toenter into agreements and/or to make transactions electronically. YOUACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT ANDINTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOURAGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALLRECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANYSERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.In order to access and retain your electronic records, you may be required tohave certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between youand Company regarding the use of the Company Services. The failure of Companyto exercise or enforce any right or provision of this Agreement shall notoperate as a waiver of such right or provision. The section titles in thisAgreement are for convenience only and have no legal or contractual effect.This Agreement operates to the fullest extent permissible by law. ThisAgreement and your account may not be assigned by you without our express writtenconsent. Company may assign any or all of its rights and obligations to othersat any time. Company shall not be responsible or liable for any loss, damage,delay or failure to act caused by any cause beyond Companys reasonable control.If any provision or part of a provision of this Agreement is unlawful, void orunenforceable, that provision or part of the provision is deemed severable fromthis Agreement and does not affect the validity and enforceability of anyremaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and Company as a result of thisAgreement or use of the Website and Company Services. Upon Company’s request,you will furnish Company any documentation, substantiation or releasesnecessary to verify your compliance with this Agreement. You agree that thisAgreement will not be construed against Company by virtue of having draftedthem. You hereby waive any and all defenses you may have based on theelectronic form of this Agreement and the lack of signing by the parties heretoto execute this Agreement.
In order to resolve a complaint regarding the CompanyServices or to receive further information regarding use of the CompanyServices, please contact Company as set forth below or, if any complaint withus is not satisfactorily resolved, and you are a California resident, you cancontact the Complaint Assistance Unit of the Division of Consumer Services ofthe Department of Consumer Affairs in writing at 400 "R" Street,Sacramento, California 95814 or by telephone at 1-916-445-1254.
Open Kitchen LLC.
324 S Beverly Drive #464
Beverly Hills, CA 90212