Terms of use
TERMS AND CONDITIONS FOR ACCESS AND USE OF THE WEBSITE
May 2018
These Website Terms and Conditions (these Website Terms) of TappedOut (we, us, or our) set forth the terms and conditions for use of the website to which these Website Terms are attached (this Website), or any part thereof, by any user (you or your). Please read these Website Terms and the information referred to or linked to in these Website Terms carefully and ensure you understand them. From time to time we may unilaterally modify these Website Terms, so it is important that you review these Website Terms every time you use this Website. Any use of this Website is conditioned on your agreement to and compliance with these Website Terms. Your use of this Website constitutes you agreement to comply with all of the terms and conditions in these Website Terms. If you do not agree with, or do not comply with, all of these Website Terms, do not use this Website.
1. Ownership of this Website; Intellectual Property
a. We own this Website. We or our licensor(s) own all content of this Website, including, without limitation, all text, photographs, images and other works and content (collectively, Website Content), and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights whatsoever, existing wherever and under whatever law, in and to this Website, any page hereof, and any Website Content. We own all rights to the marks "TappedOut.net", the domain name of this Website, and this Websites trade dress (collectively, the Marks). All Marks not owned by us are the property of their respective owners, and are used by us with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Mark without the express written permission of us or the third party rights holder.
b. We do not grant, and nothing on or in connection with, Website Content, any access or use of this Website or any Website Content, or anything in or connected to these Website Terms grants, whether expressly, implicitly, by estoppel, or otherwise, you or any third party any right, title, or interest, or any license, other than the limited license to access and use the Website and Website Content as set forth in Section 2(a) of these Terms, in or to or regarding any Website Content, any Marks, or any copyright, patent, trademark right, trade secret, or other intellectual property right whatsoever, existing wherever and under whatever law, in or to this Website, any page hereof, any Website Content, or any Mark, or any part thereof. Any copy, derivative work, improvement, derivation, translation, and/or transliteration of this Website, any Website Content, or any Mark, or any part thereof, shall be owned solely by us, and you hereby agree to assign, transfer and convey, and you hereby assign, transfer, and convey any and all rights, title or interest that you may have, create, obtain or acquire in or to this Website, any Website Content, any Mark, any copy, derivative work, improvement, derivation, translation, and/or transliteration of this Website, any Website Content, or any Mark, any part thereof, or any copyright, patent, trademark right, trade secret, or other intellectual property right whatsoever, existing wherever and under whatever law, in or to any of the foregoing. You agree to undertake any necessary steps, including, without limitation, sign and provide any document, to ensure and cause such assignment, transfer, and conveyance to the fullest extent possible under applicable law.
2. Use of this Website
a. We grant only to you a limited, non-exclusive, revocable, non-assignable, non-transferable license, without the right to sublicense or grant sublicenses, to access and use for your personal entertainment, information, education, and communication this Website and any Website Content located on this Website that we make available on this Website to you for your use. The foregoing licenses are the only rights and licenses granted to you with regard to this Website, any Website Content and any part thereof, and are conditioned on your compliance with, and are effective only as long as you comply with, all of the terms, conditions and provisions of these Website Terms.
b. You may not reproduce (except for any reproduction created incidentally to any use of this Website or any Website Content under Section 2(a) hereof), distribute, publish, transmit, modify, adapt, reverse engineer, decompile, translate, transliterate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the this Website, any Website Content, any Mark, or any part thereof.
c. We reserve the right to modify, change, alter, add to, delete from or amend this Website and any Website Content, or any part thereof, in our sole discretion at any time without notice.
d. In using this Website, you must respect the intellectual property rights of us and others, all as outlined below. Your unauthorized use of Website Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
e. You agree that, while accessing or using this Website, you will not: (i) use this Website for any commercial, promotional or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products or services); (ii) monitor, gather, obtain, use, access or copy Website Content or information on this Website by using any robot, bot, spider, crawler, spyware, malware, beacon, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind, or any other automatic means of accessing, logging-in to or registering on this Website or for any services or features offered on or through this Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through this Website, including, without limitation, any information residing on any server or database connected to this Website or any of this Websites services; (iii) frame or utilize framing techniques to enclose any Mark or other proprietary information (including, without limitation, any images, text, or page layout); (iv) use any meta tags or any other hidden text utilizing any Mark; (v) use this Website or the services or features made available on this Website in any manner with the intent to interrupt, damage, disable, overburden, or impair this Website or such services, including, without limitation, sending mass unsolicited messages or flooding servers with requests; (vi) attempt (or encourage or support any one elses attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this Website or its services, or any Website Content thereof, or make unauthorized use thereof; (vii) engage in any activity that interferes with another users access to, or use or enjoyment of this Website; or (viii) assist, support, incite or cause any third party in engaging in any activity set forth in this Section 2(d) or that otherwise violates these Website Terms.
3. Infringements
We make no, and hereby disclaim any, representation or warranty that your use of this Website or any Website Content, or any part thereof, will not infringe upon rights of us or any third party. We respect the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see our Copyright Infringement Notice and Takedown Policy.
4. Privacy
a. Our collection and use of your information and data, including your personal and personally identifiable information and data, is governed by our Privacy Statement, which is not subject to any of the disclaimers and limitations of liability contained in these Website Terms.
b. International Users: This Website and the servers that make this Website available are located in the United States and personal data you submit to us may be further transferred by us outside the U.S. or your country of residence. Most countries, including the United States, have not formally been determined to operate under specific laws deemed adequate by the European Union (EU) or countries that are members of the EU for the transfer of personal data. We, however, respect your privacy, and will handle your personal data in accordance with our Privacy Statement. By accepting these Website Terms, you specifically acknowledge and consent to the collection, processing, transfer and use of your personal data as indicated in these Website Terms and our Privacy Statement. To update your contact information and preferences on how we contact you, or access the personal information we may hold about you, please see our Privacy Statement.
5. Communications and Submissions
a. You may provide us with any lawful article, comment, suggestion, or critique by mail or e-mail as provided for in this Website as long as it does not violate any law or right of any person or entity and is not threatening, libelous, slanderous, defamatory, or pornographic. We will not assume any responsibility, obligation or liability for or with regard to any submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted by you to us via this Website or by fax, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, Submissions).
b. Unless we specifically request them, we do not solicit or wish to receive any confidential, secret or proprietary information or other material from you through this Website, by e-mail or in any other way, and we do not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Except for any Submission that we specifically request from you and that we know in advance of such request to contain personal or confidential information, any Submission will be treated as non-confidential and nonproprietary, and we will not assume any responsibility, obligation, or liability for them or for our receipt or non-receipt or use of them. Therefore, please do not send to us any unsolicited materials, such as ideas for new products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.
c. Any Submission submitted by you is submitted at your own risk. We do not return any Submissions; thus, please do not submit originals or documents you would like to keep. We are not required to make any, or any particular, use of any Submission, and we reserve the right to reject or refuse any Submission or any rights in or responsibility for any Submission. We may delete or destroy any Submission at any time. Our receipt of any Submission is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to any Submission.
d. By submitting or sending a Submission to us, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license in the Submission, and all copyright, trademark, patent, trade secret and other intellectual property rights, wherever located and under whatever law, to use, utilize and exploit the Submission as we, in our sole discretion, decide, including, without limitation, to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works or improvements from or based upon, and otherwise use or exploit the Submission throughout the world in any and all media, forms and formats, whether known now or developed, invented or discovered in the future, all without paying you any fee, royalty, or other value, and without reimbursing, compensating or being liable to you or any third party for, the Submission, any use of the Submission, any cost or expense of submitting the Submission, or the loss, destruction or disposal of the Submission. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) your Submissions are accurate and, as permitted to be used by us in these Website Terms, do not and will not infringe any right of any third party.
e. When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via this Website or otherwise, satisfy any legal requirement that such communications be in writing.
6. Fora and Community Areas
a. We may offer community features on this Website, such as fora or message or bulletin boards. In such events, unless otherwise expressly stated by us in connection with a particular feature, we will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although we reserve the right to do so in our sole discretion in connection with any service or feature. We do not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by you or any users or third parties.
b. Any forum, message or bulletin board, or other community feature is not open to the public but limited to its members. To become a member, you must register with us as set forth on this Website. Your membership is conditioned on your compliance with these Website Terms, including, without limitation, of this Section 6. Failure to do so will result in the closure of your membership and your account or registration
c. As to any information or content that you submit or post to this Website, you represent and warrant to us that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature, you agree that you shall not: (i) upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any content, language or materials that are fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the SEC, and the FCC); (ii) contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment; (iii) upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, provide or solicit personally identifiable information, except in those areas of this Website that we may expressly designate for such purposes; (iv) engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes; (v) disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through this Website, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers; (vi) impersonate any person or entity, whether actual or fictitious, including, without limitation, any of our officials, employees or representatives, or falsely state or otherwise misrepresent your affiliation or association with, sponsorship by, or connection to, any person or entity, including, without limitation, by using logos, names, trademarks, service marks, meta tags, addresses, symbols, or other identifiers that you do not have the legal right to use; (vii) modify, obscure, or eliminate any of our frame set, banner advertising, messages, or any other content or information that originates from us or other users; (ix) attempt to harm minors in any way; (x) promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals. This includes, but is not limited to, providing instructions on how to assemble bombs and any other weapons, and creating Crush websites; (xi) collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent; (x) interfere with or disrupt this Website or any services or features thereon, or servers or networks connected to this Website, or violate any requirements, policies, regulations, or procedures of networks connected to this Website; (xi) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (xii) provide links to websites, networks, content, or resources that themselves violate the letter or spirit of these Website Terms, or promote the violation of these Website Terms or make available tools or information whose primary use constitutes a violation of the letter or spirit of these Website Terms; (xiii) use any service or feature, or this Website or any Website Content, for any peer-to-peer file sharing or file accessing other than providing permitted information or documents in any permitted message in any forum or on any message or bulletin board; (xiv) use your web pages or other personal features or areas of this Website as storage for remote loading or as a door or signpost to another web page, whether inside or outside a website; (xv) interfere with the operation or design of any elements that we may add to users' pages or other personal features or areas of this Website, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind; or (xvi) assist, support, incite or cause any third party in engaging in any activity set forth in this Section 2(d) or that otherwise violates these Website Terms.
d. We reserve the right, in our sole discretion, to adopt and post additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. We also reserve the right (but do not assume any obligation), in our sole discretion, to delete, take down or prevent access to any postings, messages or other content on this Website or any forum that violate these Website Terms. We further reserve the right (but do not assume any obligation) to deny access by any user to this Website.
e. You may be able to create an account on our Website with a username and password. You are responsible for maintaining the strict confidentiality of your account password, and you shall not share your password with anyone else, nor allow others to use your username, password or other account information.
f. It is important to remember that information and content submitted to a forum or message or bulletin board may be recorded and stored in multiple places, both on this Website and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them eventually. If you elect to participate in such a forum or message or bulletin board that enables you to correspond with other participants, some of your account information and other materials that you provide, such as your username, may be shared with other participants or be visible to other users of the Internet. You alone are responsible for the content and consequences of any of your information, messages or other materials submitted to or through this Website. Because of the anonymity provided by usernames, you may not know at all times who you are interacting with in a forum or message or bulletin board. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to our public forums and community features. ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE).
g. While using a forum or message or bulletin board, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. We will not be liable, and we disclaim all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through this Website, whether that content is posted to, downloaded from, or otherwise made available through this Website by us, you, another user, or any other third party.
h. We encourage you to report to us, at [email protected], any suspected violations of these Website Terms or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features.
i. The community of users of some features of this Website may include moderators, many of who may not be affiliated in any way with us and may be users of this Website just like you. Without limiting the generality of the foregoing paragraphs, (a) if you view or participate in moderated message board(s), then you may receive content from the message board moderators, (b) we do not assume any obligation to review or control any content posted on the fora or message or bulletin board(s), or content therefrom, nor do we, either expressly or implicitly, warrant or make any assurance about the accuracy, source, quality, or integrity of such content, and (c) we will not be liable, and disclaims all liability, in connection with any harm, losses, and damages of any amount or type arising from your access to, or use of, such content.
j. Any advice or opinion provided by you or any other user is expressly disclaimed to be the advice or opinion of us, and shall be deemed to be the sole, unsolicited advice and opinion of such user.
7. DISCLAIMER
a. YOU ACCESS AND USE THIS WEBSITE AND ANY CONTENT IN OR ON THIS WEBSITE AT YOUR OWN RISK. WE MAKE NO WARRANTY THAT (A) THIS WEBSITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, ACCURATE, COMPLETE OR ERROR-FREE, (B) ANY ACCESS TO OR USE OF THIS WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THIS WEBSITE AND SERVICES WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF THIS WEBSITE OR ANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS. ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THIS WEBSITE WILL CREATE ANY WARRANTY.
b. WE PROVIDE ANY ACCESS AND USE TO THIS WEBSITE AND ANY CONTENT IN OR ON THIS WEBSITE ON AN AS IS WHERE IS BASIS. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS WITH REGARD TO OR IN CONNECTION WITH THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR THE USE OR ACCESSIBILITY OF ANY CONTENT ON THIS WEBSITE. WE DISCLAIM ANY REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, WORKMANSHIP, TITLE, LICENSE, AND NON-INFRINGEMENT, WITH REGARD TO AND IN CONNECTION WITH THIS WEBSITE, ANY CONTENT, ANY SUBMISSION, ANY USE OR ACCESS, OR FAILURE OR INABILITY TO USE OR ACCESS, THEREOF, OR ANY PART THEREOF.
c. THE DISCLAIMERS CONTAINED IN THIS SECTION 7 ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU.
d. Some jurisdictions may not permit the limitations of liability contained in this paragraph, so some of the limitations in this paragraph may not apply to you.
8. EXCLUSION AND LIMITATION OF LIABILITY
a. YOU ARE RESPONSIBLE FOR PROVIDING, PAYING FOR, AND ENSURING ANY INTERNET CONNECTION AND THE USE OF ANY COMPUTER, HARDWARE AND SOFTWARE NECESSARY OR USED FOR ACCESSING AND USING THIS WEBSITE, AND FOR PAYING AND MAINTAINING SUCH CONNECTION, COMPUTER, HARDWARE AND SOFTWARE.
b. WE ARE NOT AND WILL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, WITH REGARD TO AND IN CONNECTION WITH THIS WEBSITE, ANY CONTENT, ANY SUBMISSION, ANY USE OR ACCESS, OR FAILURE OR INABILITY TO USE OR ACCESS, THEREOF, OR ANY PART THEREOF. WE ARE NOT, AND WILL NOT BE, LIABLE FOR ANY LOSS, DAMAGES, EXPENSES, CONSEQUENCES, EFFECTS OR INJURY IN CONNECTION WITH THIS WEBSITE, ANY CONTENT, ANY SUBMISSION, OR ANY PART THEREOF, OR YOUR OR ANYBODYS ACCESS OR USE OF THIS WEBSITE, ANY CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF BUSINESS, SUBMISSIONS, FAILURE OF PERFORMANCE, INACCESSIBILITY OF THIS WEBSITE OR ANY PAGE OR CONTENT HEREON, POSTING OR TAKING OFF ANY CONTENT FROM THIS WEBSITE, ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, WORK, LINE FAILURE, ACT OR OMISSION. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, IN NO EVENT ARE WE, OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS LIABLE FOR ANY DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR OTHER DAMAGES OF ANY KIND, LOSS OF PROFIT, OR TANGIBLE OR INTANGIBLE LOSS OR DAMAGES.
c. We do not provide any medical, legal or other advice on this Website or any Website Content.
d. THE EXCLUSION AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 8 ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU.
e. Some jurisdictions may not permit the limitations of liability contained in this paragraph, so some of the limitations in this paragraph may not apply to you.
9. Links, Linked or Framed Sites, Framing
In some cases, we may post links to any sites or pages outside this Website, which are provided solely for your convenience, and you access or use such links, sites or pages at your own risk. In other cases, you may access this Website through the link on another website or page or framed by another site. In no event are we responsible or liable for any link, any site or page linked from this Website or linking to this Website, any site or page framed by this Website or part of it or framing this Website or any part of it, or for any contents, data, materials, software, code, virus, worm, or other thing contained in, transmitted by or affecting any such link, linked site or page, linking site or page, framed site or page, or framing site or page. You may not frame this Website or any Website Content, or deep-link to any part of this Website or any Website Content, or any part thereof, or cause any banners to appear anywhere on or in connection with this Website or any Website Content, or any part thereof.
10. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, and the officers, employees, agents, business partners, licensors, and licensees of us or our affiliates from any damages, liabilities, costs, and expenses (including reasonable attorneys fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website, any Website Content, or any part thereof, any Submission, and any posting, message or other participation or activity in, or use of, any forum, message or bulletin board, or community area or feature.
11. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via linked sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). We disclaims all liability in connection with therewith.
12. No Obligation to Maintain Site; Termination
a. We have no obligation or duty to maintain or keep this Website accessible. We may, at any time, with or without prior notice, suspend, shut down, prevent access, undertake maintenance, or take any other action or engage in any omission, without being liable to you or anyone else.
b. We may terminate the license and use rights granted to you hereunder, and any and all access to and use of this Website by you, at any time, with or without specific notice, for any reason and without any obligation to you whatsoever. For example, you agree that we may terminate by simply blocking your access to this Website (unless such blocking of access is illegal under applicable law), closing this Website, or taking or failing to take any action. Upon termination of your license and use rights, or access to and use of this Website, you must irrevocably delete and destroy any such copies and installations.
13. Investigations; Cooperation with Law Enforcement
We reserve the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of this Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of these Website Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on this Website, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Website Terms to the full extent of the law, and (e) delete or modify any content on the site, including any materials or items you may have acquired through your use of this Website.
Cookies, Pages Viewed and Computer Information
This site may set and access cookies on your receiving device. We use cookies to improve your user experience on the site, if you configure your browser to ignore cookies it may affect the site’s functionality The site uses session cookies, which are erased when you close your browser and do not collect information from your computer. These cookies typically store information in the form of a session identification that does not personally identify you. The site also uses persistent cookies, which are stored on your hard drive until they expire (i.e. based on a set expiration date) or until you delete them. These cookies are used to collect information about you, such as your Web surfing behavior or preferences for a particular site. In addition, every time you view a page on the site, your browser sends some information about the requested page, such as the address of the page, and the language and format in which you would prefer to receive it, as well as information about your computer, such as its Internet protocol (IP) address, and the type and version of your browser and operating system.
15. Miscellaneous
a. You and we are independent contractors, each without the power or authority to bind, contract or commit the other. We are not, and nothing in the Terms, on this Website or in any Website Content shall be interpreted that, directly or indirectly, we are a partner, joint venturer, co-owner or otherwise participant in a joint or common undertaking with you, or that we are an employer or agent of you or that you are an employee or agent of us.
b. Nothing in these Website Terms, on this Website, or in or on any Website Content, or any act or omission, including, without limitation, selection or seeking or failure to select or seek a certain right or remedy, constitutes or shall be construed to constitute any waiver of any right or remedy provided under these Website Terms or a breach of these Website Terms. Any waiver must be express and written.
c. Should any section, or portion thereof, of these Website Terms be held invalid by reason of any law existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body, such section or portion thereof shall be validly reformed so as to approximate the intent of these Website Terms as nearly as possible and, if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; these Website Terms shall not otherwise be affected.
d. These Website Terms constitute the entire terms and agreement regarding the access and use of this Website, any Website Content, and any Submissions. We may, at any time, without the need for notice, assign, transfer, convey, or delegate any rights or obligations under these Website Terms.
e. Any controversy or claim relating to this Website, any Website Content, any Submission or these Website Terms not otherwise resolved between you and us will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the AAA), administered in accordance with the AAAs Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator(s) will apply the governing law pursuant to Section 14(g). The arbitration will be conducted in Orlando, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction of it. The foregoing arbitration requirement of this Section 14(e) will not apply to any legal action taken by us to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Website Content, any Submission, our operations, and/or our products or services caused by your act or failure to act. You expressly consent to the personal jurisdiction of the courts in Orlando, Florida with respect to all matters relating to your access to or use of this Website, any Website Content, or any Submission and waive your rights to removal or consent to removal.
f. Any claim or cause of action that you may have with respect to this Website, the Website Content, any Submission or these Website Terms must be commenced within one year after the claim or cause of action arises or it will be forever barred.
g. These Website Terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions whose application would result in the application of the law of a different jurisdiction.