- Terms and Conditions
- Intellectual Property Rights
- User Representations
- User Registration
- Fees and Payments
- Free Trial
- Prohibited Activities
- User-Generated Contributions
- Contribution License
- Guidelines for Revisions
- License for Mobile Applications
- Third Party Websites and Content
- Rights of the United States Government
- Site Management
- Copyright Infringement
- Term and Termination
- Modifications and Interruptions
- Applicable Laws
- Conflict Resolution
- Limitations of Liability
- User Data
- Electronic Communications, Transactions and Signatures
- California Users and Residents
TERMS AND CONDITIONS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirements in such jurisdiction or country. Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use this Site. You may not use the Site in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users over the age of 18. Persons under the age of 18 are not authorized to use or register on the Site.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print one copy of any portion of the Content that you have properly accessed solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be asked to register with the Site. You agree to maintain the confidentiality of your password and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a user name you select if we determine, in our sole discretion, that such user name is inappropriate, obscene or otherwise objectionable.
FEES AND PAYMENTS
We accept the following forms of payment:
- Mastercard credit card
- American Express
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. In addition, you agree to promptly update account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you when necessary. We bill you through an online billing account for purchases made through the Site. Sales tax will be added to the price of purchases as we deem necessary. We may change prices at any time. All payments will be made in U.S. dollars.
You agree to pay all charges or fees at the then-current prices for your purchases, and you authorize us to charge your chosen payment provider for any amounts when you make your purchase. If your purchase is subject to recurring charges, then you consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
We offer a 14-day free trial to new users who register on the Site. The account will not be charged and the subscription will be suspended until you upgrade to a paid version at the end of the free trial.
All purchases are non-refundable. You may cancel your subscription at any time by logging into your account or by contacting us using the contact information provided below. Cancellation will be effective at the end of the current payment period.
If you are not satisfied with our services, please email us at firstname.lastname@example.org.
You may not access or use the Site for any purpose other than the purpose for which we make it available. The Site may not be used in connection with any commercial activities except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Making any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mails, or creating user accounts by automated means or under false pretenses.
Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Site and/or the Content contained therein.
Engaging in unauthorized framing of or linking to the Site.
Cheat, defraud or deceive us and other users, especially in any attempt to learn sensitive account information, such as user passwords.
Interfere with, disrupt or create an undue burden on the Site or networks or services connected to the Site.
Misusing our support services or making false reports of abuse or misconduct.
Attempting to impersonate another user or person or using another user's user name.
Use any information obtained from the Site for the purpose of harassing, abusing or harming another person.
Use the Site as part of any effort to compete with us or use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decrypt, decompile, disassemble or reverse engineer any of the software comprising or otherwise forming part of the Site.
Attempt to circumvent any Site measures designed to prevent or restrict access to the Site, or any portion thereof.
Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any part of the Site to you.
Remove copyright or other proprietary notices from any Content.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of all capital letters and spam (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, interrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Except as a result of using a standard search engine or Internet browser, use, launch, develop or distribute any automated system, including, without limitation, any spider, robot, spoofing utility, scraper or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
Discredit, tarnish or damage, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable law or regulation.
The Site may invite you to chat, contribute to or participate in blogs, message boards, online forums and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or disseminate content and materials to us or on the Site, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively, "Contributions"). Contributions may be viewed by other users of the Site and through third party websites. Therefore, Contributions that you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contribution, you represent and warrant that:
1. The creation, distribution, transmission, public display or performance, as well as accessing, downloading or copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or moral rights of any third party.
4. Your Contributions are not false, inaccurate or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, slanderous or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, scorn, bully, or abuse anyone.
8. Your Contributions are not used to harass or threaten (within the legal meaning of those terms) any other person and to promote violence against a specific person or class of persons
9. Your Contributions do not violate any applicable law, regulation or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from any person under the age of 18 or that exploits persons under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any applicable law relating to child pornography, or intended to protect the health or welfare of minors.
13. Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference or physical disability.
By posting your Contributions anywhere on the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, store, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose whatsoever, commercially, in whole or in part, for any purpose whatsoever, store, store, publicly perform, publicly display, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part) and distribute such Contributions (including, without limitation, their image and voice) for any purpose, commercial, advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. Use and distribution may occur in any format and through any communication channel.
This license shall apply to any form, medium or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, trade dress, logos and personal and trade dress you provide. You waive all moral rights in your Contributions, and warrant that no moral rights in your Contributions have been asserted.
We do not assert any ownership of your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to hold us harmless and refrain from taking any legal action against us in connection with your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact or otherwise change any Contribution; (2) to re-categorize any Contribution to place it in more appropriate locations on the Site; and (3) to pre-screen or remove any Contribution at any time and for any reason, without prior notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVISIONS
We may offer you areas on the Site to leave reviews or ratings. When posting a review, you must meet the following criteria: (1) you must have first-hand experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity, abusive, racist, offensive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with a competitor if you post negative reviews; (6) you must not draw conclusions about the legality of conduct; (7) you may not post false or misleading statements; and (8) you may not organize a campaign that encourages others to post reviews, whether positive or negative.
We may accept, reject or remove reviews at our sole discretion. We are under no obligation to review reviews or remove them, even if someone finds them objectionable or inaccurate. Opinions are not endorsed by us and do not necessarily represent our opinions or those of any of our affiliates or partners. We assume no responsibility for any review or for any claim, liability or loss resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, assignable and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content related to the reviews.
LICENSE FOR MOBILE APPLICATIONS
License of use
Apple and Android devices
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Site ("Submissions") that you provide to us is non-confidential and shall become our sole property. We shall have exclusive rights, including all intellectual property rights, and shall be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in such Submissions, and warrant that such Submissions are your original Submissions or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD PARTY WEBSITES AND CONTENT
RIGHTS OF THE UNITED STATES GOVERNMENT
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes any copyright that you own or control, please notify us immediately using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material to which the Notification relates. Please note that, under applicable law, you may be held liable for damages if you make false statements in a Notification. Therefore, if you are unsure whether material located on or linked to by the Site infringes your copyright, you should first consider contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal and injunctive prosecution.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or delete content on the Site at any time or for any reason, at our sole discretion and without prior notice. However, we have no obligation to update the information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except for Disputes expressly excluded below) will be resolved finally and exclusively by binding arbitration. YOU UNDERSTAND THAT, WITHOUT THIS PROVISION, YOU WOULD BE ENTITLED TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, if applicable, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available on the AAA's website at www.adr.org. Your arbitration fees and your share of the arbitrator's compensation will be governed by the AAA Consumer Rules and, if any, will be limited by the AAA Consumer Rules. The arbitration may be conducted in person, by submission of documents, by telephone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by AAA rules or applicable law, the arbitration shall take place in Orange, California. Except as otherwise provided, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator.
In no event shall any Dispute brought by either Party relating in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is held to be illegal or unenforceable, then neither Party shall elect arbitration of any Dispute falling within the portion of this provision held to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other person.
Exceptions to arbitration
The Parties agree that the following Disputes are not subject to the foregoing provisions regarding binding arbitration (a) any Dispute seeking to enforce or protect, or relating to the validity of, any of a Party's intellectual property rights; (b) any Dispute relating to, or arising out of, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. If this provision is held illegal or unenforceable, neither Party shall elect to arbitrate any Dispute falling within the portion of this provision held illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of such court.
There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and other miscellaneous information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Site at any time, without notice.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE AND YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEB SITE LINKED TO THE SITE AND WILL NOT ASSUME ANY LIABILITY FOR (1) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREON, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. WE DO NOT ENDORSE, WARRANT OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PRODUCT OR SERVICE PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE OCCURRENCE OF ANY CAUSE OF ACTION. SOME U.S. STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site in order to manage the performance of the Site, as well as data relating to your use of the Site. Although we regularly back up data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of any loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Site, sending e-mails and filling out online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, through e-mail and the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws of any jurisdiction requiring an original signature or the delivery or retention of non-electronic records, or payments or the granting of credit by any means other than electronically.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Consumer Services Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.