Last Updated on August 11, 2020
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy, currency, suitability or quality. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site. The Site may contain links to other websites operated by third parties and/or display advertisements for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under the Company’s control. The Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such Third-Party Links. Your use of these Third-Party Links is at your own risk.
5. The Company may provide notifications to you as required by law, or for marketing or other purposes, via (at its option) email to the primary email associated with any account you create or posting of such notice on the Site. The Company is not responsible for any automatic filtering that you or your network provider may apply to email notifications. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs (collectively, “Feedback”), such Feedback shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby assign to the Company all of your right, title and interest in such Feedback. In the event such assignment may not be valid, you grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. The Company cannot guarantee that unauthorized third parties will never be able to defeat its security measures or use your personal information for improper purposes. You acknowledge that (i) you provide your personal information at your own risk and (ii) it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE, CONTENT OR MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH SITE, CONTENT OR MATERIALS, THE SUITABILITY OF SUCH SITE, CONTENT OR MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S REQUIREMENTS OR EXPECTATIONS, OR THAT SUCH SITE, CONTENT OR MATERIALS ARE COMPLETE, LEGAL, ACCURATE, RELIABLE, OR CORRECT. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL ACHIEVE ANY SUCCESS OR RESULTS USING THE SITE OR THE COMPANY’S PRODUCTS OR SERVICES. THE COMPANY DOES NOT WARRANT THAT USE OF THE SITE, CONTENT AND/OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
15. DISPUTE RESOLUTION; WAIVER OF JURY TRIAL; WAIVER OF CLASS ACTION
The Company is available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Site and Content. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration (the “Informal Dispute Resolution”).
THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Section 15. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
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