You further agree that such measures shall be taken in Company’s sole discretion and without liability to you or any third party.
- License Restrictions.
- Click-Through Agreements
- Personal Login Information
Certain features and areas of the Website may only be available via registration or a login such as a member account number, and/or a paid subscription.
If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Company is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the Company immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
- Company Intellectual Property
The content of the Websites includes, without limitation, (i) Company’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Company Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website (the items identified in subsections (i), (ii), and (iii) shall be collectively referred to herein as “Company Content”)(Company Content, Company Marks, Company Subscriptions, and all other Company materials may be referred to individually as identified above or collective as “Content”). Content is the property of Company, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, modification, sale, publication, broadcast, circulation or dissemination of any Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner.
Furthermore, you will expressly not alter, reverse engineer, disassemble, decompile, or translate Content or copyright or trademark or other notices appearing in the Content or Website including any such notices, information, or intellectual property appearing on any Content you are permitted to download, transmit, display, print, or reproduce from the Website. Any unauthorized use of any Content from the Website, whether such item is owned by Company or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.
- Sharing of Content
You may download or copy Content and other downloadable items displayed on the Website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content, other than for personal use, is expressly prohibited without prior written permission from Company, or the copyright holder identified in the copyright notice contained in the Content.
You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Company or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to “Content” shall also include User Content.
The Content posted by users via the Website other than Feedback (defined below) (“User Content”) is the intellectual property of the specific users of the Website who post such User Content and their licensors, if any. Company does not claim any ownership rights in such User Content. By posting User Content via the Website, however, you hereby grant to Company a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating such User Content.
Company does not generally monitor or otherwise remove User Content after it is posted on the Website except under certain limited circumstances as required or permitted by law or otherwise in the sole discretion of Company. In the event you would like to request that Company remove your User Content from the Website, please contact our Company. Please note however, that if Company agrees, in its sole discretion to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (i) your User Content has been incorporated into derivative works or compilations created by Company or other parties; (ii) such User Content has been retained in Company’s data backup systems or for archival purposes; or (iii) to the extent such User Content has been sold to or downloaded by other persons and such persons retain your User Content.
Company welcomes your comments, feedback, information, or materials regarding the Website, Content or Company’s products or services (collectively, “Feedback”). If you submit Feedback to Company, please note that your Feedback shall become the property of Company. By submitting your Feedback to Company, you agree to hereby irrevocably assign to Company, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. Company shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.
- Links Posted by Company
- Links Posted by Third Party User
Links posted by third parties to the Website and/or Content may not use the Company trademark or logo and shall not suggest that the Company promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Website shall be the responsibility of the linking party. The Company reserves the right to require any linking party to disable or remove any link that violates Company’s policies, rights or causes interruption or deterioration of Content.
Company may allow users to place Orders for products, subscriptions and/or services via the Website or through its third-party affiliate. “Order” shall mean any order placed by a user for products, subscriptions and/or services via the Website that is accepted by Company. In the event that you are a user placing an Order to purchase products, subscriptions and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party website to make purchases. In such an event, the purchase terms in this section still apply, however, your purchase will also be governed by the terms of such third-party website. By making such purchases, you hereby agree that Company has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party websites.
In the event you purchase products that embody or otherwise contain Content owned by Company or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (i) you may not resell any Content or otherwise profit from its use or display; (ii) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (iii) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (iv) you will not obscure or remove any proprietary rights notices contained in or on the Content.
Additionally, Content is: (i) the confidential information of Company, (ii) you may use the Content only for your personal use, (iii) you may not disclose Content to third parties, and (iv) you will use best efforts to safeguard such Content from unauthorized use or disclosure.
In the event a product ordered by you is damaged upon receipt, Company, at its sole option, may provide a replacement product or refund the purchase price. Damaged products which Company will accept for return or refund include products that are missing, torn, or physically damaged or inoperable. Otherwise, Company cannot guarantee the quality of the products sold via the Website that contain User Content or guarantee the lack of errors in such User Content (including, without limitation, misspellings and grammatical or other errors). Company does not monitor or inspect User Content prior to inclusion in products sold via the Website, and the user creating and/or posting such User Content bears all responsibility for such User Content.
- User Representations
In the event that you post any User Content or provide any Feedback via the Website, you hereby make the following additional representations and warranties to Company: (i) you are owner of such User Content or Feedback or otherwise have the right to grant Company the licenses or assignments granted pursuant to this Agreement; (ii) you have secured any and all consents necessary to post the User Content or Feedback and to grant the foregoing licenses or assignments; (iii) the User Content or Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content or Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (iv) the use of any User Content or Feedback will not result in harm or personal injury to any third party; and (v) all factual information contained in the User Content or Feedback is true and accurate.
- Prohibited Uses
Company uses reasonable efforts to maintain the Website and Content, but Company is not responsible for any defects or failures associated with the Website, any part thereof, any Content posted using the Website, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs which Company may undertake from time to time, or (iii) causes beyond the control of Company or which are not foreseeable by Company.
Company is not a backup service for storing User Content, and Company shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Website.
- Warranties Disclaimed
THE WEBSITE AND COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER COMPANY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “COMPANY PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE OR CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- Exclusion of and Limitation of Liability
THE COMPANY PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE -- -- USE OF OR INABILITY TO -- -- USE THE WEBSITE AND/OR ANY COMPANY CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE AND/OR COMPANY CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE WEBSITE ARISING OUT OF CA-- -- USES BEYOND COMPANY’S CONTROL; (viii) OUT OF THE -- -- USE OF, REFERENCE TO, OR RELIANCE ON, THE COMPANY CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE WEBSITE OR COMPANY CONTENT.
IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF -- -- USE, THE WEBSITE AND/OR THE CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR -- -- USE OF THE WEBSITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT COMPANY HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.
- Exclusions Permitted by Law
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CA-- -- USED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 16, 17, AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ‘S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Term and Termination
- Arbitration; Venue
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the District of California or any State of court located in San Diego County, California.
- Governing Law
- Waiver and Severability
- Complete Agreement
- Contact Information
- Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
- Use of Websites and Content outside of the United States