Terms-of-Service
Agreement
Last
Updated: September 2, 2020
(“Company”), welcomes you to (“Website”). It is
important to the Company that you and other users have the best possible
experience while using the Website, and that, when you use the Website, you
understand your legal rights and obligations. Please read this terms-of-service
agreement, which is a legal agreement between you and the Company that governs
your access to and use of the Website, including any content, functionality,
and services offered on or through the Website. Your access to the Website is
on the condition that you agree to this agreement. Please note the following
provisions: (1) disclaimer of warranties (section 13);
(2) limit on liability and exclusion of damages (sections 14
and 15); (3) place for resolving disputes (section 18.2);
(4) mandatory arbitration (section 19.1); (5) class action waiver (section 19.5); and (6) limitation on time to file disputes (section 19.6).
Notice of
Recurring Memberships: Unless stated otherwise, memberships automatically
renew indefinitely under this agreement unless you cancel before the end of
your term. To cancel your membership, you may go to your account settings and
choose cancel account or contact the Company at: . On renewal, your payment method will automatically be charged
at the rate in effect at the time you originally signed up.
1.
Introduction
1.1
The Website provides
you with access to movies and other content streamed over the Internet. To view
the movies, you will need a personal computer, tablet, phone, or other device
that meets the Website’s system and compatibility requirements.
1.2
This
agreement applies to all users of the Website, whether you are a “visitor” or a
“registered user.” By checking the
appropriate box during sign up, purchasing a premium membership, or accessing
any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you
must leave the
Website. If you breach any part of this agreement, the Company may
revoke your license to access the Website, block your access, and terminate your
account.
1.3
The Company
may change this agreement on one or more occasions by updating this page. The
top of this page will tell you when the Company last updated this agreement.
Changes will take effect on the “last updated” date stated on the top of this page.
Changes will not operate retroactively. The Company will try to notify you when
it changes this agreement if it can do so in a reasonable manner. But you
should frequently check this page to make sure that you are operating under the
most current version of this agreement. The Company will consider your continued
use of the Website after it posts the changes as your acceptance of the changes
even if you do not read them. If you do not agree to the changes, your sole
remedy is to stop accessing the Website.
1.4
If you have any
questions about this agreement or the Website, please email the Company at .
2.
Acknowledgments.
Only adults (1) who are at least
18-years old and (2) who have reached the age of majority where they live may
access the Website. If you do not meet these age requirements, you must not
access the Website and must leave now. By accessing the
Website, you state that the following facts are accurate:
2.1
You (1) are at
least 18-years old, (2) have reached the age of majority where you live, and
(3) have the legal capacity to enter into this agreement.
2.2
All information
you provided to the Company is accurate, and you will promptly update this
information when necessary to make sure that it remains accurate.
2.3
You own (or
have permission to use) the credit card you pay with and authorize the Company
(or its payment processor) to charge the credit card according to your purchase.
2.4
You are not
accessing the Website from a place, country, or location in which doing so
would, or could be considered a violation of local law.
2.5
By accessing
the Website, you will have released and discharged the providers, owners, and
creators of the Website from all liability that might arise.
3.
Accessing
the Website. The Company may withdraw
or amend this Website, and any service or material it provides on the Website,
in its sole discretion without notice. The Company will not be liable if, for
any reason, any part of the Website is unavailable at any time or for any
period. The quality of the display of the streaming movies and television shows
may vary from computer to computer, and device to device, and may be affected
by a variety of factors, such as your location, the bandwidth available through
or speed of your Internet connection. From time to time, the Company may
restrict access to some parts of the Website, or the entire Website, to users,
including registered users. You are responsible for making all arrangements
necessary for you to have access to the Website.
4.
Your
Account
4.1
Account
Creation. You must complete the registration process by providing
the Company with accurate information as prompted by the registration form. You
must also choose a password and a username.
4.2
Responsibility
for Account. You are responsible for
maintaining the confidentiality of your password and account. You must not distribute your username or password to
others. If you do, this will result in an immediate block or termination of
your membership or both. Further, you are
responsible for all activities that occur under your account. You will promptly
notify the Company of any unauthorized use of your account or any other breach of security.
4.3
Liability
for Account Misuse. The Company will
not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. You could be
held liable for losses incurred by the Company or another party due to someone
else using your account or password.
4.4
Use of
Other Accounts. You must not use
anyone else’s account at any time.
4.5
Account
Security. The Company cares about the
integrity and security of your personal information. But the Company cannot
guarantee that unauthorized third parties will never be able to defeat the Website’s
security measures or use any personal information you provide to the Company
for improper purposes. You acknowledge that you provide your personal
information at your own risk.
4.6
Communication
Preferences. By registering for an
account, you consent to receive electronic communications from the Company
relating to your account. Communications may involve sending emails to your
email address provided during registration or posting communications on the
Website. Communications will include notices about your account (e.g., payment
authorizations, change in password or payment method, confirmation emails, and
other transactional information) and are part of your relationship with the
Company. You acknowledge that any notices, agreements, disclosures, or other
communications that the Company sends you electronically will satisfy any legal
communication requirements, including that these communications be in writing.
The Company recommends that you keep copies of electronic communications by
printing a paper copy or saving an electronic copy. You also consent to receive
certain other communications from the Company, including newsletters about new
features and content, special offers, promotional announcements, and customer
surveys via email or other methods. If you no longer want to receive certain
non-transactional communications, please review the Privacy Policy
regarding opting out of marketing
communications.
5.1
Ownership.
The Company, the Company’s licensors,
or other content providers own the Website and its entire contents, features,
and functionality (including all information, software, text, displays, images,
video, and audio, and the design, selection, and arrangement of it). Copyright,
trademark, patent, trade secret, and other intellectual property or proprietary
rights laws protect the Website and its content, features, and functionality.
5.2
License
Grant. The Company hereby grants
you a non-exclusive, non-sublicensable, non-transferable, limited license to
use the Website for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of the material
on the Website, except as follows:
(a)
Your computer
may temporarily store copies of those materials in RAM incidental to your
accessing and viewing those materials.
(b)
You may store
files that are automatically cached by your Web browser for display enhancement
purposes.
(c)
You may print
or download one copy of a reasonable number of pages of the Website for your
own personal, non-commercial use and not for further reproduction, publication,
or distribution.
(d)
You may
stream any audiovisual content (e.g., movies) to which you have properly gained
access solely for your personal, non-commercial use and not for further
reproduction, publication, or distribution.
(e)
If the
Company provides desktop, mobile, or other applications for download, you may
download a single copy to your computer or mobile device solely for your own
personal, non-commercial use, subject to the Company’s end user license
agreement for those applications.
(f)
If the Website
provides social media features with certain content, you may take those actions
as are enabled by those features.
(a)
You must not:
(i)
Download any audiovisual
content (e.g., movies) or any other content unless authorized by the Company in
writing.
(ii)
Modify copies
of any materials from this Website.
(iii)
Use any illustrations,
photographs, video or audio sequences, or any graphics separately from the
accompanying text.
(iv)
Delete or
alter any copyright, trademark, or other proprietary rights notices from copies
of materials from this Website.
(b)
You must not
access or use for any commercial purposes any part of the Website or any
services or materials available through the Website.
(c)
If you print,
copy, modify, download, or otherwise use or provide any other person with
access to any part of the Website in breach of this agreement, your right to
use the Website will stop immediately, and you must, at the Company’s option,
return or destroy any copies of the materials you have made. No interest in or
to the Website or any content on the Website is transferred to you, and the Company
reserves all rights not expressly granted. Any use of the Website not expressly
permitted by this agreement is a breach of this agreement and may violate
copyright, trademark, and other laws.
5.4
Trademarks. The
Company’s name; the Company’s logo; the Website’s domain name; the Websites
logo; and all related names, logos, product and service names, designs, and
slogans are trademarks of the Company or its affiliates or licensors. You must
not use those marks without the Company’s prior written permission. All other
names, logos, product and service names, designs, and slogans on this Website
are the trademarks of their respective owners.
6.
Prohibited
Uses
6.1
You must use
the Website only for lawful purposes and under this agreement. You must not use
the Website:
(a)
In any way
that violates applicable federal, state,
local, or international laws or regulations (including any laws regarding the
export of data or software to and from the U.S. or other countries).
(b)
To exploit,
harm, or to attempt to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personal information, or otherwise.
(c)
To transmit,
or procure the sending of, any advertising or promotional material without the
Company’s prior written consent, including any “junk mail,” “chain letter,” or
“spam” or any other similar solicitation.
(d)
To
impersonate or attempt to impersonate the Company, a Company employee, another
user, or any other person or entity (including by using email addresses or
screen names associated with any of the preceding).
(e)
To engage in
any other conduct that restricts or inhibits anyone’s use or enjoyment of the
Website, or which, as the Company determines, may harm the Company or the
Website’s users, or expose them to liability.
6.2
Additionally,
you must not:
(a)
Use the
Website in any manner that could disable, overburden, damage, or impair the
site or interfere with any other person’s use of the Website, including their
ability to engage in real-time activities through the Website.
(b)
Use any
robot, spider, or other automatic device, process, or means to access the
Website for any purpose, including monitoring or copying the Website’s
material.
(c)
Use any
manual process to monitor or copy the Website’s material or for any other
unauthorized purpose without the Company’s prior written consent.
(d)
Use any
device, software, or routine that interferes with the proper working of the
Website.
(e)
Introduce any
viruses, trojan horses, worms, logic bombs, or other material that is malicious
or technologically harmful.
(f)
Attempt to
gain unauthorized access to, interfere with, damage, or disrupt any parts of
the Website, the server on which the Website is stored, or any server, computer,
or database connected to the Website.
(g)
Attack the
Website via a denial-of-service attack or a distributed denial-of-service
attack.
(h)
Otherwise
attempt to interfere with the proper working of the Website.
7.
Termination
7.1
Termination
on Notice. Either party may terminate
this agreement at any time by notifying the other party in writing. A
non-premium user may also terminate this agreement by discontinuing use of the
Website.
7.2
Termination
by the Company. The Company may
suspend, disable, or terminate your access to the Website (or any part of it)
if it determines that you have breached this agreement or that your conduct
would tend to damage the Company’s reputation and goodwill. If the Company
terminates your access for any of these reasons, you must not access the
Website. The Company may block your email address and IP address to prevent
further access.
7.3
Effect of
Termination. On termination, your
right to access the Website and all licenses granted by the Company terminates.
Termination will not relieve you of any obligations arising or accruing before
termination or limit any liability that you otherwise may have to the Company
or any third party. If you have purchased a membership, you are solely
responsible for making sure that you cancel any recurring billing. To cancel
recurring billing, you may go to your account settings and choose cancel
account or you may contact the Company at .
7.4
Survival. This agreement’s provisions that by their nature
should survive termination will survive termination, including ownership
provisions, warranty disclaimers, and limitations of liability.
8.
Changes to
the Website. The Company may update
the Website’s content from time to time, but its content is not necessarily
complete or up to date. Any of the Website’s material may be out of date at any
given time, and the Company is not required to update that material. The
availability of content may change from time to time, and from country to
country.
9.
Information
About You and Your Visits to the Website. For
information about how the Company collects, uses, and shares your personal information,
please review the Privacy Policy.
10.
Premium Membership,
Trial Memberships, Billing, and Cancellation
10.1
Premium Membership
(a)
Ongoing
Membership. Your premium membership,
which may start with a trial membership, will continue month-to-month (or any
longer-term selected) and automatically renew until you cancel your membership
or the Company terminates it. You must provide the Company with a current,
valid, accepted method of payment. The Company or its payment processor will
bill the membership fee to your chosen payment method. You must cancel your
premium membership before it renews each term to avoid billing of the next
term’s premium membership fees to your chosen payment method.
(b)
Differing
Memberships. The Company may offer
several membership plans, including special promotional plans or memberships
with differing conditions and limitations. The Company will disclose at signup
any different material terms from those described in this agreement.
10.2
Trial
Memberships. Your premium membership
may start with a trial (which may or may not be free depending on where you
live). The trial period of your premium membership lasts for the period
specified at signup. The Company or its payment processor will begin billing
your payment method for monthly membership fees at the end of the trial period
unless you cancel before the end of the trial period. After the trial period,
your premium membership will automatically renew each month at the price
specified at signup until canceled. The Company or its payment processor may
authorize your payment method through various methods, including authorizing it
up to approximately one month of service as soon as you register. In some
cases, your credit card company may reduce your card’s available balance or
credit limit to reflect the authorization during your trial period.
10.3
Billing
(a)
Recurring
Billing. By starting your premium membership, you authorize the
Company or its payment processor to indefinitely charge your payment method the
membership fee in effect when you originally signed up and any other applicable
charges, such as taxes or possible transaction fees. Your premium membership
will continue for the length of the initial term you select, and, at the end of
your initial prepaid term, it will automatically renew for additional prepaid
periods of the same length at the rates in effect at the time you originally
signed up. You must cancel your premium membership before it renews to avoid
billing of the next term’s membership fees to your payment method.
(b)
Price
Changes. The Company may adjust
pricing for its service or any components of it in any way and at any time, as
it may determine in its sole discretion. Any price changes will not affect your
current membership (including any renewals) unless the Company gives you
30-days prior written notice.
(c)
Billing
Cycle. The Company or its payment
processor will automatically bill your payment method at the beginning of the
initial term of your premium membership and on the first day of each renewal
term until you cancel your premium membership. Membership fees are fully earned
on payment.
(d)
Billing
Disputes. If you believe that the
Company has charged your payment method in error, you must notify the Company
in writing no later than 30 days after you receive the billing statement in
which the error first appeared. If you fail to notify the Company in writing of
a dispute within this period, you waive any disputed charges. You must submit
any billing disputes in writing to and include a
detailed statement describing the nature and amount of the disputed charges.
The Company will correct any mistakes in a bill and add or credit them against
your future payments.
(e)
Chargebacks.
You are liable to the Company for any
credit card chargebacks or related fees that the Company incurs on your account
as a result of any billing disputes not first brought to the Company’s
attention under section 10.3(d). If you
fail to pay the Company for any chargeback or related fees no later than 30
days after the Company’s initial demand for payment, you will pay the Company
$100 in additional liquidated damages, plus any costs the Company incurs for
each chargeback or related fee.
(f)
Refunds.
The Company may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please email the Company at
and explain the circumstances that you believe merits a refund.
If you have tried our Premium membership you are covered by our Money Back Guarantee! That means, if you are not satisfied with our service, we will issue you a refund.
(g)
Cancellation.
You may cancel your premium
membership at any time, and you will continue to have access to the Website
through the end of your membership term. The Company does not give refunds or
credits for any partial-month membership periods. Please note that you must
cancel your membership before it renews to avoid the next billing. To cancel
your membership, you may go to your account settings and choose cancel account
or click on the CANCEL MEMBERSHIP button at the top of the page and follow the
instructions. You may also call the Company at or email
it at .
11.
Links from
the Website. If the Website contains
links to other sites and resources provided by third parties, those links are
provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. The
Company has no control over the contents of those sites or resources and accepts
no responsibility for them or for any loss or damage that may arise from your
use of them. If you decide to access any of the third-party sites linked to
this Website, you do so entirely at your own risk and subject to the terms of
use for those third-party sites.
12.
Geographic
Restrictions. The owner of the
Website is based in the state of , United States of America.
The Company is not making any statement that the Website or its content is
accessible or appropriate outside of the United States. Access to the Website
might not be legal by certain persons or in certain countries. If you access
the Website from outside the United States, you do so on your own initiative
and are responsible for complying with all local laws.
13.1
You
understand that the Company cannot and does not guarantee or warrant that files
available for downloading from the Internet or the Website will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to the Website for any reconstruction of any lost
data. The Company will not be liable for any loss or damage caused by a
distributed denial-of-service attack, virus, or other harmful material that might
infect your computer due to your use of the Website or any services or items
obtained through it.
13.2
You use the
Website, its content, and any services or items obtained through it at your own
risk. The Company provides the Website, its content, and any services or items
obtained through it “as is” and “as available.” The Company is not making any
warranty, whether express, implied, statutory, or otherwise, including any warranty
of merchantability, title, non-infringement, security, and fitness for a particular
purpose. The
Company is not making any warranty (1) that the Website, its content, or any
services or items obtained through it will be accurate, reliable, error-free,
or uninterrupted; (2) that defects will be corrected; (3) that the Website or
the server that makes it available are free of viruses or other harmful
components; or (4) that the Website or any services or items obtained through it
will otherwise meet your needs or expectations. No
advice or information, whether oral or written, obtained from the Company, the
Website, or elsewhere will create any warranty not expressly stated in this
agreement.
14.1
The Company,
its directors, officers, employees, agents, subsidiaries, affiliates, licensors,
content providers, and service providers will not be liable to you for any of
the following:
(a)
Errors,
mistakes, or inaccuracies of content.
(b)
Personal
injury or property damage resulting from your access to and use of the Website
or its content.
(c)
Content or
conduct that is infringing, inaccurate, obscene, indecent, offensive,
threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal.
(d)
Unauthorized
access to or use of the Company’s servers and any personal or financial
information stored in them, including unauthorized access or changes to your
account, transmissions, or data.
(e)
Interruption
or cessation of transmission to or from the Website.
(f)
Bugs,
viruses, Trojan horses, malware, ransomware, or other disabling code that may
be transmitted to or through the Website by any person or that might infect
your computer or affect your access to or use of the Website, your other services,
hardware, or software.
(g)
Incompatibility
between the Website and your other services, hardware, or software.
(h)
Delays or
failures you might experience in starting, conducting, or completing any
transmissions to or transactions with the Website.
(i)
Loss or
damage incurred because of the use of any content posted, emailed, sent, or
otherwise made available through the Website.
14.2
You hereby
release the Company, its directors, officers, employees, agents, subsidiaries,
affiliates, licensors, content providers, and service providers from all
liability arising out of the conduct of other users or third parties, including
disputes between you and one or more other users or third parties.
15.1
Unless caused
by gross negligence or intentional misconduct, the Company, its directors,
officers, employees, agents, subsidiaries, affiliates, licensors, content
providers, and service providers will not be liable to you for any direct,
indirect, special (including so-called consequential damages), statutory,
punitive, or exemplary damages arising out of or relating to your access or
your inability to access the Website or its content. This exclusion applies
regardless of the theory of liability and even if you told the Company or it
knew or should have known about the possibility of damages.
15.2
The Company,
its directors, officers, employees, agents, subsidiaries, affiliates, licensors,
content providers, and service providers will not be liable to you for any
damages for (1) personal injury, (2) pain and suffering, (3) emotional
distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or
anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data,
(10) loss of privacy, or (11) computer failure related to your access of or
your inability to access the Website or the content. This exclusion applies
regardless of the theory of liability and even if you told the Company or it
knew or should have known about the possibility of damages.
15.3
If you are
dissatisfied with the Website or have any other complaint, your exclusive
remedy is to stop using the Website. The Company’s maximum liability to you for
any claim will not exceed the greater of $200 and the amount you have paid to
the Company for the applicable purchase out of which liability arose even if
the remedy fails of its essential purpose.
16.
Scope of
Disclaimers, Exclusions, and Limits. The
disclaimers, exclusions, and limits stated in sections 13, 14, and 15 apply to the
greatest extent allowed by law, but no more. The Company does not intend to
deprive you of any mandatory protections provided to you by law. Because some
jurisdictions may prohibit the disclaimer of some warranties, the exclusion of
some damages, or other matters, one or more of the disclaimers, exclusions, or
limits will not apply to you.
17.1
In General.
You will pay the Company, its
directors, officers, employees, agents, contractors, subsidiaries, affiliates,
licensors, content providers, and service providers (“Indemnified Parties”)
for any loss of an Indemnified Party that is caused by any of the following:
(a) your access of or conduct on the Website; (b) your breach of this
agreement; (c) your violation of rights of any person, including intellectual
property, publicity, and privacy rights; (d) your violation of any applicable
law; (e) your tortious acts or omissions; or (f) your criminal acts or
omissions. But you are not required to pay if the loss was caused by the
Indemnified Party’s intentional misconduct.
17.2
Definitions
(a)
“Loss”
means an amount that the Indemnified Party is legally responsible for or pays
in any form. Amounts include, for example, a judgment, a settlement, a fine,
damages, injunctive relief, staff compensation, a decrease in property value,
and expenses for defending against a claim for a loss (including fees for legal
counsel, expert witnesses, and other advisers). A loss can be tangible or
intangible; can arise from bodily injury, property damage, or other causes; can
be based on tort, breach of contract, or any other theory of recovery; and
includes incidental, direct, and consequential damages.
(b)
A loss is “caused
by” an event if the loss would not have happened without the
event, even if the event is not a proximate cause of the loss.
17.3
Indemnified
Party’s Duty to Notify. The
Indemnified Party will notify you before the 30th day after the Indemnified
Party knows or should reasonably have known of a claim for a loss that you
might be compelled to pay. But the Indemnified Party’s failure to timely notify
you does not end your obligation, except if that failure prejudices your
ability to defend or mitigate losses.
17.4
Legal
Defense of a Claim. The Indemnified
Party has control over defending a claim for a loss (including settling it)
unless the Indemnified Party directs you to control the defense. If the
Indemnified Party directs you to control the defense, you will not settle any
litigation without the Indemnified Party’s written consent if the settlement
(1) imposes a penalty or limitation on the Indemnified Party, (2) admits the
Indemnified Party’s fault, or (3) does not fully release the Indemnified Party
from liability. You and the Indemnified Party will cooperate in good faith on a
claim.
17.5
No
Exclusivity. The Indemnified Parties’
rights under this section 17 do not affect
other rights they might have.
18.1
law governs all
matters arising out of or relating to the Website or this agreement without
giving effect to any conflicts of law principles. This agreement’s predominant
purpose is providing services and licensing access to intellectual property and
not a “sale of goods.” The United Nations Convention on Contracts for the
International Sale of Goods will not govern this agreement, the application of
which is expressly excluded.
19.
Alternative
Dispute Resolution
19.1
Arbitration.
As the exclusive means of
initiating adversarial proceedings to resolve any dispute arising out of or
relating to the Website or this agreement, a party may demand that any such
dispute be resolved by arbitration administered by the Arbitration Resolution
Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is
not available) under its rules available at www.arbresolutions.com, and each party hereby consents to any such dispute
being so resolved. The arbitrator, and not any federal, state, or local court
or agency, will have exclusive authority to resolve all disputes arising out of
or relating to the interpretation, enforceability, or formation of this
agreement, including any claim that all or any part of this agreement is void
or voidable. Each party will be
responsible for paying any filing, administrative, and arbitrator fees
associated with the arbitration. The
arbitrator may grant whatever relief that would be available in a court at law
or in equity, except that the arbitrator must not award punitive or exemplary
damages, or damages otherwise limited or excluded in this agreement. The
arbitrator’s award will include costs of arbitration, reasonable legal fees under
section 19.3, and
reasonable costs for expert and other witnesses. Judgment on any award rendered
in any such arbitration may be entered in any court having jurisdiction. Unless
required by law, neither a party nor an arbitrator will disclose the existence,
content, or results of any arbitration under this agreement without the parties’
prior written consent.
19.2
Injunctive
Relief. The parties acknowledge that breach by either party of
the obligations under this agreement could cause irreparable harm for which
damages would be an inadequate remedy. Nothing
in this section 19 will prevent either party from seeking injunctive or other
equitable relief from the courts for matters related to data security,
intellectual property, or unauthorized access to the Website, in each case without posting a bond or other security
and without proof of actual money damages in connection with the claim.
19.4
Jury Trial
Waiver. Each party waives its right
to a jury trial in proceedings arising out of or relating to this agreement.
Either party may enforce this waiver up to and including the first day of
trial.
19.5
Class
Action Waiver. All claims must be
brought in the parties’ individual capacity, and not as a plaintiff or class
member in any purported class or representative proceeding, and, unless the
Company agrees otherwise, the arbitrator will not consolidate more than one
person’s claims. Both parties acknowledge that each party is waiving the right
to participate in a class action.
19.6
Limitation
on Time to Bring Claims. A party
will not bring a claim arising out of or relating to the Website or this
agreement more than one year after the cause of action arose. Any claim brought
after one year is barred.
20.
General
20.1
Entire
Agreement. This agreement constitutes
the entire agreement between you and the Company about your use of the Website.
It supersedes all earlier or contemporaneous agreements between you and the
Company about access to and use of the Website. Any additional terms on the
Website will govern the items to which they pertain.
20.2
Changes. The Company may change this agreement on one or more
occasions. The Company will try to post changes on the Website at least 15 days
before they become effective. Changes will become effective on the “last
updated” date stated at the top of this page. Changes will not apply to ongoing
disputes or disputes arising out of (or relating to) events happening before
the posted changes. While the Company will try to notify you when the Company
changes this agreement, the Company does not assume any obligation to do so,
and it is your responsibility to check this page to review the most current
agreement frequently. By continuing to use the Website after the Company posts
changes to this agreement, you agree to the revised agreement. If you do not
agree to the revised agreement, your exclusive remedy is to stop accessing the
Website. If you need more information about the changes or have any other
questions or comments about the changes, please contact the Company at .
20.3
Assignment
and Delegation. The Company may assign its rights or delegate any performance
under this agreement without your consent. You will not assign your rights or
delegate your performance under this agreement without the Company’s prior written
consent. Any attempted assignment of rights or delegation of performance in
breach of this section 20.3 is void.
20.4
Waiver. If the Company
fails to exercise or enforce any right or provision of this agreement, it will
not constitute a waiver of that right or provision. Any waiver of any provision
of this agreement will be effective only if in writing and signed by the
relevant party.
20.5
Severability. If any part of this agreement is declared
unenforceable or invalid, the remainder will continue to be valid and
enforceable.
20.6
Notices
(a)
Notice to
the Company. You may notify the
Company by email at unless the Website gives a
specific email address for giving notice. The Company will consider an email
notice received by the Company only when its server sends a return message to
you acknowledging receipt. The Company may change its contact information on
one or more occasions by posting the change on the Website. Please check the
Website for the most current information for notifying the Company.
(b)
Notice to
You—Electronic Notice. You consent
to receive any notice from the Company in electronic form either (1) by email
to the last known email address the Company has for you or (2) by posting the
notice on a place on the Website chosen for this purpose. The Company will
consider notices sent to you by email received when its email service shows
transmission to your email address. You state that any email address you gave
the Company for contacting you is a valid email address for receiving notice.
20.7
Force
Majeure. The Company is not
responsible for any failure to perform if unforeseen circumstances or causes
beyond its reasonable control delays or continues to delay its performance,
including (a) acts of God, including fire, flood, earthquakes, hurricanes,
tropical storms, or other natural disasters; (b) war, riot, arson, embargoes,
acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes,
or shortages in transportation, facilities, fuel, energy, labor, or materials;
(e) failure of the telecommunications or information services infrastructure;
and (f) hacking, SPAM, or any failure of a computer, server, network, or
software.
20.8
No
Third-Party Beneficiaries. This
agreement does not, and the parties do not intend it to, confer any rights or
remedies on any person other than the parties to this agreement.
20.9
Relationship
of the Parties. This agreement does
not, and the parties do not intend it to, create a partnership, joint venture,
agency, franchise, or employment relationship between the parties and the
parties expressly disclaim the existence of any of these relationships between
them. Neither party is the agent for the other, and neither party may bind the
other on any agreement with a third party.
20.10
Binding
Effect. This agreement benefits and
binds the parties and their respective heirs, successors, and permitted
assigns.
20.11
Electronic
Communications Not Private. The
Company does not provide facilities for sending or receiving confidential
electronic communications. You should consider all messages sent to the Company
or from the Company as open communications readily accessible to the public.
You should not use the Website to send or receive messages that you only intend
the sender and named recipients to read. Users or operators of the Website may
read all messages you send to the Website regardless of whether they are
intended recipients.
20.12
Electronic
Signatures. Any affirmation, assent,
or agreement you send through the Website will bind you. You acknowledge that
when you click on an “I agree,” “I consent,” or other similarly worded “button”
or entry field with your mouse, keystroke, or other device, your agreement or
consent will be legally binding and enforceable and the legal equivalent of
your handwritten signature.
20.13 Consumer Rights
Information—California Residents Only. This section 20.13 applies
only to California residents. In compliance with section 1789 of the California
Civil Code, please note the following:
Users who want to gain access to the members-only
area of the Website must be a member in good standing. The Company posts the
current membership fees for the Website on the pricing page. The Company may change the
membership fees at any time. Users may contact the Company at to resolve any billing disputes or to receive further
information about the Website.
20.14
Complaints—California Residents Only. You may contact in
writing the Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs at 1020 North Street, #501, Sacramento,
California 95814, or by telephone at +1 (916) 445-1254.
20.15
Feedback. The Company encourages you to provide feedback about
the Website. But the Company will not treat as confidential any suggestion or
idea provided by you, and nothing in this agreement will restrict its right to
use, profit from, disclose, publish, or otherwise exploit any feedback, without
payment to you.
20.16
Your Comments
and Concerns. You should direct all feedback,
comments, requests for technical support, and other communications relating to
the Website to .