You also are prohibited from posting any part of the Content in either print or virtual format, covered on some other web page, social media page, or in a networked computer environment for any intention. The Content will not be used in connection with any product or provider it’s not ours in any manner that is probably going to cause confusion among users or disparages or discredits anyone. You grant Company a license to use the fabrics you post to the Website or Service. There may be pieces of the Website that permit for the posting of reports, comments, photographs or other content material “User Generated Content”. You may submit such content via the Website so long as it’s not threatening, objectionable, unlawful, obscene, defamatory to us or anyone else, invasive of privacy or mental assets rights, or in another way injurious to us or third events. User Generated Content can also not suggest or encourage behavior which can constitute a crime, give rise to civil liability, or in another way violate any applicable local, state, national, or foreign law or regulation; or advertise or in a different way solicit funds or act as a solicitation for goods or amenities.
You shouldn’t be compensated for any User Content. You comply with indemnify us and our affiliates and designees from and in opposition t any and all claims arising out of, ensuing from or relating to this type of User Generated Content. We have the proper, but not the legal responsibility, to study and take away any exercise or content involving you or your account. We assume no obligation and have no legal responsibility for any User Generated Content created or posted by you or anyone else. EXTERNAL and THIRD PARTY CONTENT.
You assume all the risk, household tasks and penalties ensuing out of your use of, or access to, third party websites. You further agree that we aren’t accountable for the supply of any exterior websites or assets, and do not suggest and aren’t responsible or liable, at once or not directly, for the content including misrepresentative or defamatory content material of any third party websites, nor for any damage, loss or offense caused or speculated to be brought on by, or in connection with, the use of or reliance on such a content, goods or facilities available on such external internet sites or assets, including those of associates, joint venture partners, or others to whom we would supply links now and again. USE OF SOFTWARE. Company may make sure program accessible to you from the Website. If you down load software from the Website, the software, including all files and pictures contained in or generated by the program, and accompanying data collectively, “Software” are deemed to be certified to you by Company, in your private, non industrial, home use only, unless in a different way agreed, in a writing signed by the Company.
Company doesn’t move either the title or the mental property rights to the Software, and Company retains full and complete title to the Software in addition to all intellectual property rights therein. You might not sell, redistribute, or reproduce the Software, nor may you decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. WEBSITE CHANGES. We reserve the right to switch or withdraw, briefly or permanently, the Website or any a part of the Website with or without warning to you. You agree that we will not be prone to you or any third party for any amendment to or withdrawal of the Website. You shouldn’t be eligible for any reimbursement because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
You conform to fully indemnify, defend and hold us including our agents, representatives, and assigns, jointly the “Indemnified Parties” harmless from and towards any and all claims, legal responsibility, damages, losses, costs and bills, adding legal fees and expenses, suffered by us and arising out of any breach of the stipulations by you or another liabilities arising out of your use of the Website or Services, or the use by another person getting access to the Website using your password, non-public desktop or other digital device, or internet access account. You shall cooperate with us in the protection of any claim including supply us with help, at no cost, in connection with such a protection, including, with out difficulty, providing us with such information, files, history, and most economical access to you as we deem necessary. We reserve the right to employ separate counsel and assume the unique defense and manage of the cost and disposition of any claim it is area to indemnification by you. You shall not settle any third party claim or waive any protection without our prior written consent. NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK. COMPANY IS MAKING THE WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE.
THE WEBSITE AND PRODUCTS, SERVICES OR PROGRAMS CONTAINED HEREIN ARE NOT SUBSTITUTES FOR PROFESSIONAL ADVICE OR TREATMENT, INCLUDING THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, OUTCOME OR ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. FOR SPECIFIC CONCERNS, QUESTIONS OR SITUATIONS REQUIRING PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PHYSICIAN, PSYCHOLOGIST, OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY INCLUDING DEATH OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE INCLUDING ATTORNEYS FEES AND COSTS THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.
00UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY WEBSITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE. DISPUTE RESOLUTION and BINDING ARBITRATION. In the development of a dispute coming up under or relating to this Agreement, the Content, or the Website each, a “Dispute”, the events comply with first submit the matter to mediation to be conducted by a together chose, qualified, impartial, third party attorney/mediator found in San Jose, California. Such mediation may occur in person, online via webcam, or telephonically, and shall be scheduled within 30 days of either party offering the alternative with a request to mediate. Should mediation fail to resolve the dispute, either party may request that the dispute be resolved by confidential, binding arbitration ruled by the Federal Arbitration Act “FAA”.
Any election to arbitrate, at any time, shall be final and binding on the alternative party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes should be resolved before a neutral arbitrator whose decision shall be final except for a restricted right of appeal under the FAA. Any court in San Jose, California may implement the arbitrator’s award. The arbitration may be performed in person, during the submission of documents, by phone, or online and shall be performed by a qualified American Arbitration Association AAA arbitrator.
If carried out in person, the arbitration shall take place in San Jose, California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to ascertain, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to hunt injunctive relief. CLASS ACTION WAIVER. You agree that any arbitration or court continuing shall be restricted to the dispute among us and also you, individually. To the complete extent accepted by law, 1 no arbitration or legal proceeding shall be joined with another; 2 there’s no right or authority for any Dispute to be arbitrated or resolved on a category action basis or to make use of class action procedures; and 3 there isn’t any right or authority for any Dispute to be introduced in a purported consultant potential on behalf of the regular public or any other individuals.