These terms (the “Terms”) govern any use by you of OurClubSite.com (the “Site”) and all of the products, software, services, and web sites (collectively, the “Services”) offered by OurClubSite.com (the “Company”).
By accessing the Site and/or using any of the Services, you agree to be bound by all of the Terms and Conditions of this Agreement. Your activities on the Site or use of the Services may also be governed by additional guidelines, rules or agreements, all of which are incorporated by reference herein. The Company reserves the right to modify these Terms, at its sole discretion, with or without notice to you.
Description of Services
The Services include access to a rich collection of resources, including various communications tools, forums, marketplace services, search services, and personalized content which may be accessed through any various medium or device now known or hereafter developed.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to the Terms. You understand and agree that the Service is provided “AS-IS” and that the Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
You agree that your activities on the Site and any use of the Services shall be in accordance with (a) these Terms (b) the Site’s Community Guidelines and (c) any applicable law, regulation or generally accepted practices or guidelines. Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting of the foregoing, minors may not use the Services without the supervision of a responsible adult.
You agree that you will not engage in any activity that, in the Company’s sole judgment, interferes with or disrupts the Services, the servers and networks which are connected to the Services, or the activities of others on the Site or the quiet enjoyment of others on the Site. Your failure to comply with this requirement may result in immediate suspension of your right to access one or more of the Services. You acknowledge and agree that in the event of such suspension, you may be prevented from accessing the Services, your account details or any files or other Content (as defined in Section 5) contained in your account.
In order to use certain Services, you may have to first register by providing your real name, address, phone number, e-mail address, and/or other relevant information, as appropriate. By registering, you represent that you have all requisite right, power and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. If you are acting on behalf of a company, you represent that you are authorized to bind your company. You agree to provide accurate and complete information, and to update such information as necessary to keep it up-to-date and accurate. The Company reserves the right to review all registration applications, and to accept or reject any applicant(s) in its sole judgment. You may not transfer or assign your registration to any other party.
The Company may access, preserve, and/or disclose your account information, and/or Content if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of the Company, its users, and/or the public.
Advertising and Other Communications
The Company may also display advertising in connection with any of the Services, in its sole discretion, and/or in emails to its registered users. You may not opt out of or in any way block such advertisements or any service announcements, administrative messages, or other communications from the Company, the receipt of which are a condition of your use of the Services.
Users wishing to advertise on the Site must agree and abide by the Company’s Advertising Terms and Conditions located at OurClubSite Advertising Terms and Conditions.
Without limiting any other provision of these Terms, you agree that you will not:
- upload, post, email, transmit or otherwise make available any Content (as defined in Section 6) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any pattern or Content transmitted through a Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise 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;
- act in a manner that negatively affects other users’ quiet enjoyment of the Services;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
- “stalk” or otherwise harass another; and/or collect or store personal data about other users, except as is explicitly provided for in any applicable agreement or guidelines governing one or more of the Services;
- Set up additional account(s) to be used for deceptive purposes (“Sock Puppet Accounts”).
The Site offers interactive features that allow users to submit content to the Site. OurClubSite.com does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, OurClubSite.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize OurClubSIte.com to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, OurClubSite.com reserves the right to block or remove communications or materials that it determines to be unacceptable to OurClubSite.com in its sole discretion.
By submitting any user-generated content, you hereby grant OurClubSite.com (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents' permission to make such grants. All content that you submit may be used at OurClubSite.com's sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a OurClubSite.com employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
The Company is not responsible for any information, data, text, photographs, graphics, video, messages, tags, or other material (collectively referred to herein as “Content”) posted by Users of the Site. The Company makes no representations with respect to the accuracy, integrity, or quality of any such Content, and shall not in any way be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You are solely responsible for any Content posted by you on the Site or offered by you through a Service, including, without limitation, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services. You represent that you have the right to post or transmit such Content, and, by posting or transmitting such Content, you give the Company a license to publish and distribute such Content though the Services and to incorporate such Content into other works in any format or medium now known or later developed. You are solely responsible for protecting and enforcing any intellectual property and other rights in your Content; the Company shall have no obligation to do so on your behalf.
Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content through the Services (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content that you do not own unless you have been explicitly granted a license to do so by the owner of that Content, in a separate agreement.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. The Company shall have the right, but not the obligation, to remove any Content that is violative of any law, regulation or guideline, or that it deems offensive, in its sole discretion.
Club Mall ecommerce Service
Among the Services offered is the Club Mall ecommerce service. If you chose to take advantage of this Service, (1) you represent and warrant that you hold the copyright and other necessary intellectual property rights in any and all the content and product(s) that you list and advertise on the Site, and (2) you grant to the Company a non-exclusive, revocable license to list and advertise the content & products and its associated information, including photographs, data, images, and thumbnails on the Site. Notwithstanding anything in these Terms to the contrary, you have the right to remove any pattern that you have listed at any time, and, by so doing, you shall revoke the license to the Company from that point forward.
You are solely responsible for any content & product(s) posted by you on the Site or offered by you through a Service, including, without limitation, for any errors or omissions in any content & product(s), or any loss or damage of any kind incurred as a result of the use of any content & product(s) posted, emailed, transmitted, or otherwise made available via the Services. You are solely responsible for protecting and enforcing any intellectual property and other rights in your content & product(s) ; the Company shall have no obligation to do so on your behalf.
The sale of content & product(s) is a transaction between the seller and the buyer. The Company is not a party to any such sale. However, if you sell content & product(s) through one or more of the Services, you agree to grant the buyer, at a minimum, a non-commercial, perpetual license for personal use of the content & product(s) . Subject to the foregoing, you may include additional terms with respect to content & product(s) Any such terms shall be included at your discretion, and shall be between you and the purchaser.
You understand that a purchaser of a downloadable content may store the content in the Site storage service (the “Library”) and the purchaser will have the right to access such content on the Site until they either delete the content from the Library or cease being a User of the Site.
Without limitation, the Company is not responsible for any content posted by Users of the Site. The Company makes no representations with respect to the accuracy, integrity, or quality of any content or product(s), and shall not in any way be liable for any loss or damage of any kind incurred as a result of the use of any content or product posted, emailed, transmitted or otherwise made available via the Services.
Any content presented to you as part of the Services may be protected by intellectual property rights held by the owner of the content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any pattern that you do not own unless you have been explicitly granted a license to do so by the owner of that pattern, in a separate agreement.
You understand that by using the Services you may be exposed to content and products that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
The Company shall have the right, but not the obligation, to remove any pattern that is violative of any law, regulation or guideline, or that it deems offensive, in its sole discretion.
OurClubSite.com Mall is a Venue
OurClubSite.com Mall acts as a venue to allow users, who comply with this agreement. OurClubSite.com Mall's policies to offer, sell and buy goods. OurClubSite.com Mall is not directly involved in the transactions between buyers and sellers. As a result, OurClubSite.com Mall has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. OurClubSite.com Mall does not pre-screen content or information provided by users. OurClubSite.com Mall cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, OurClubSite.com Mall cannot and does not transfer legal ownership of items from the seller to the buyer.
OurClubSite.com Mall cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.
You agree that OurClubSite.com Mall is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on OurClubSite.com Mall. You use the OurClubSite.com Mall service at your own risk.
Dealings with Advertisers and/or Other Users
You may be exposed to advertising on the Site or through a Service or related communication from the Company. The Company may also provide one or more Services through which users can transact with one another. Other than as explicitly set forth in a particular agreement or governing guideline, your correspondence or business dealings with, or participation in promotions of, advertisers or other users found on or through a Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other users on the Site or Service.
You alone are responsible for your involvement with other users. BECAUSE THE COMPANY IS NOT INVOLVED IN TRANSACTIONS BETWEEN YOU AND ANY ADVERTISER OR OTHER USER, IF A DISPUTE ARISES BETWEEN YOU AND AN ADVERTISER OR OTHER USER, EACH OF YOU RELEASE THE COMPANY (AND ITS OFFICERS, DIRECTORS, SUBSIDIARIES, JOINT VENTURES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. The Company urges you and all users to cooperate with each other and to resolve any such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU 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.
Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with OurClubSite.com's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding OurClubSite.com Mall's transaction fees, misrepresent the item's location, or use another user's account without permission. Sellers may not encourage buyers to purchase an item listed on OurClubSite.com Mall outside of the OurClubSite.com Mall site. This may also constitute fee avoidance.
Promotional Codes: Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s products only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their products, OurClubSite.com Mall and/or the OurClubSite.com website. If the Seller is found to be selling promotional codes this may constitute fee avoidance.
OurClubSite.com Mall charges a percentage of the sale price when the item sells. OurClubSite.com Mall Fees are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for OurClubSite.com Mall 's services are effective after OurClubSite.com Mall provides you with at least thirty (30) days' notice by posting the changes on the Site. However, OurClubSite.com Mall may choose to temporarily change the Fees for its services for promotional events; such changes are effective when OurClubSite.com Mall posts the temporary promotional event on the Site. OurClubSite.com Mall may decrease the fees as stated in the Features & Fees with no notice to you. OurClubSite.com Mall may, at its sole discretion, change some or all of OurClubSite.com Mall's services at any time. In the event OurClubSite.com Mall introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in US dollar (USD).
You are responsible for collecting sales taxes associated with using OurClubSite.com Mall. In certain circumstances will not be subject to sales tax but you may be liable for indirect taxes in your own country. OurClubSite.com Mall recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required for EU sellers who are VAT-registered.
Use and Storage of Information
You acknowledge that the Company may establish general practices and limits concerning use of the Site and/or any Service, including without limitation, the maximum number of days that messages are stored, message board postings, patterns or other uploaded Content will be retained by a Service, the maximum number of messages that may be sent from or received by an account on a Service, the maximum size of any message or board posting that may be sent from or received by an account, the maximum disk space that will be allotted on the Company’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access a Service given in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications, including but not limited to message board posts, patterns, or other Content maintained or transmitted by a Service.
You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time. There is currently not a limit on the amount of accounts per person with the exception of Sock Puppets (accounts set up by a user to deceive the public as to the account holder’s identity or accounts set up to deceive the public as to the true identity of the user). Attempting to create Sock Puppet accounts may jeopardize your ability to access the Services, and your original account may be banned and/or closed. All accounts will be reviewed and approved by the Company. You further acknowledge that the Company reserves the right to modify these general practices and limits from time to time, in its sole discretion.
You acknowledge and agree that the Company may access, preserve, and disclose your account information, Products(s) and/or Content if required to do so by law, or, if it believes, in good faith, that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any product or Content violates the rights of third parties, (d) respond to your request for customer services; or (e) protect the rights, property, or personal safely of the Company, its users, and the public.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of product(s) or Content you submit, post, transmit or otherwise make available through the Service, your use of any Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another user.
Termination of Your Account
By the Company. You agree that the Company may, under certain circumstances, and without prior notice, immediately terminate your account, any associated account(s), and access to any Service indefinitely or for a set period of time. A termination of an account, whether temporarily or permanent, may include limitations to accessing any Service(s), but your profile, including your posts, will not be deleted unless you instruct the Company to remove your profile. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that any termination by the Company shall be at the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your account, any associated Content, product(s) or access to a Service.
By You. You may terminate your account and delete your account data at any time for any reason by navigating to your profile page, choosing “edit profile” and using the “delete account” link at the bottom of the page.
Disclaimer of Warranties
You expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. The Service are provided on an “AS IS” and “AS AVAILABLE” basis. The Company expressly disclaims all warranties of any kind, whether express or implied including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
- The Company makes no warranty that (i) a Service will meet your requirements; (ii) a Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of a Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through a Service will meet your expectations; and (v) any errors in the Site, a Service or any software will be corrected.
- Any material downloaded or otherwise obtained through the use of a Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from the Company or through or from the service shall create any warranty not expressly stated in these Terms.
Limitation of Liability
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, THE INABILITY TO USE ANY SERVICE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
- An identification of the copyrighted work that you claim has been infringed.
- An identification of the material on www.ourclubsite.comthat you claim is infringing or is subject to infringing activity, with enough detail so that we can locate the material on our site.
- Your name, address, telephone number and e-mail address.
- 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.
- A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
- Your physical or electronic signature.
Practices; Typographical Errors; Colors
You acknowledge that OurClubSite.com may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on OurClubSite.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that OurClubSite.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that OurClubSite.com reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that OurClubSite.com reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, OurClubSite.com reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, OurClubSite.com vendor is required to issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall OurClubSite.com's vendors be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, OurClubSite.com makes no guarantees that any actual colors of products or features will be true or accurate.
- Entire Agreement. These Terms and any agreements, guidelines, policies etc, incorporated by reference herein or applicable to particular Services constitute the entire agreement between you and the Company and govern your use of the Services and Content, superseding any prior agreements between you and the Company with respect to the Services and Content.
- Proprietary Rights. You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that patterns, Content or other information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software, or any Content, whether in whole or in part. Unless you have agreed otherwise in writing with the Company, nothing in these Terms gives you a right to use any of the Company’s trade names, trade marks, service marks, logos, domain names, or other distinctive brand features. Without limiting the foregoing, the OurClubSite.com logo, and the slogan, “Keep on clubbing.,” trademarks, and any other service marks and other Company logos and product and service names are trademarks of the Company. You agree that you shall not display or use these marks in any manner, and that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
- Governing Law; Disputes; Consent to Personal Jurisdiction. This Agreement will be governed by the Laws of the Commonwealth of California without regard to its principles regarding conflicts of law. In the event of any dispute between you and the Company, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Company in its sole discretion. In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts of California shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in those.
- Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of these Terms or any agreement shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
- Links/Other Web Sites. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your ID, pattern(s) or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
- Limitations Period. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any Service or these Terms must be filed within one hundred and eighty (180) days after such claim or cause of action arose or be forever barred.
- Severability. If any one or more of the provisions in this Agreement are deemed void as a matter of law, then the remaining provisions will continue in full force and affect.
- Service Levels. The Company does not guarantee continuous, uninterrupted or secure access to the Service or the Site.
- Headings. Section headings are included in the Agreement for convenience only. They are not to be considered a part of this Agreement, and are not intended to be a full and accurate description of the contents hereof.
- Additional Acknowledgments. You acknowledge that: (a) You are entering into this Agreement voluntarily and without any duress or undue influence; (b) You have carefully read this Agreement and fully understand its terms, consequences, and binding effect; (c) You have sought the advice of an attorney of Your choice if so desired prior to entering into this Agreement; and (d) You understand that by performing under this Agreement, You agree to be bound by its the terms.