Updated March 1, 2020
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND US AND GOVERNS YOUR RELATIONSHIP WITH US AND USE OF THE SITE. BY USING THE SITE IN ANY MANNER, YOU THEREBY AGREE TO AND ACCEPT THIS AGREEMENT.
Scope. This Agreement is intended to be the master agreement governing your use of the Site. Your use of the Site is conditioned on your agreement to the terms herein.
Eligibility. By using the Site, you represent, warrant, and covenant that: (a) you have reached the age of majority in the legal jurisdiction from which you are accessing the Site or that you have the permission of your legal guardian to access the Site; and (b) you have read and understand this Agreement.
Your Prohibited Activities. You hereby expressly represent and warrant that you shall not: (A) breach this Agreement willfully or through gross negligence; (B) use our systems or services, or any of our property to circumvent or breach or attempt to circumvent or breach any law or regulation; (C) create derivatives of any of our intellectual property for any purposes other than those specifically permitted by us; (D) use any bot, spider, scraper, data miner, or automated agent to gain use of any information on the Site, our systems, our services, or any of our property; (E) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way material from our systems, our services, or any of our property; (F) work around any of the technical limitations of our systems, our services, or any of our property or enable features or functionalities that are otherwise disabled on our systems, our services, or any of our property; or (G) perform or attempt to perform any actions that would interfere with the normal operation of our systems, our services, or any of our property.
Unsolicited Feedback. We welcome any and all feedback. By submitting any such feedback to us, you agree that we may, but shall have no obligation to, exploit in any and every way such feedback, as we see fit for any and every purpose, without restriction or limitation of any kind, and you thereby grant to us an unlimited freely and fully transferable, freely and fully assignable, irrevocable, paid-in-full, royalty-free, perpetual, worldwide license to the feedback, with the right to sublicense each and every such right. You further agree not to permit or prosecute any action on the ground that our exploitation of such Feedback infringes or violates any of your rights.
Security. We maintain our systems, our services, and all of our intellectual property in accordance with commercially reasonable industry standards to preserve the integrity and security of all related intellectual property and user information from accidental loss and from unauthorized use or disclosure. We cannot, however, ensure or warrant that third parties will never be able to defeat those measures or gain access to such information. Our services utilize the public Internet and third-party networks, and we bear no responsibility for the security of the Internet or any third-party networks.
Mandatory Arbitration, Class Action Waiver and Other Restrictions. You acknowledge and agree that any claim or dispute with us whether based on contract, tort, or any other legal theories, shall be resolved pursuant to mandatory and binding arbitration under the American Arbitration Association’s (AAA) rules including AAA’s Consumer Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
At least 30 days prior to initiating arbitration, the you shall provide us with written notice of your intent to seek arbitration that briefly describes the nature of your claim or dispute and the amount of money and other relief you are seeking pursuant to the claim or dispute. The notice shall be submitted to: email@example.com
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Accordingly, the arbitration shall proceed solely on an individual basis and without the right for claims to be arbitrated on a class action basis or asserted in any other purported representative capacity. Claims submitted to arbitration may not be joined or consolidated with claims asserted by others unless agreed to in writing by all parties.
Proprietary Rights, Copyrights and Trademark Information and Use Restrictions. All of the information included on the Site, including all the software text, materials, graphics, logos, photographs, graphs, sounds, data, images, audio, page headers, software, buttons, video and other icons and the arrangement and compilation of this information is our valuable property. Our associated logos, and all page headers, custom graphics, buttons, and other icons are our service marks, trademarks, registered service marks, or registered trademarks. Our content is protected by contract law and various intellectual property laws, including domestic and international copyright and trademark laws, and all intellectual property rights on the Site belong to us. Nothing herein shall be construed as transferring or assigning any ownership rights to you.
Warranties. Except for the warranties specifically and expressly made in this Agreement, we make no warranties, either express or limited including warranties of merchantability or warranties of fitness, and all such warranties are disclaimed. Unless otherwise prohibited by law, our systems, our services, and our property is made available to you on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind, either express, implied or statutory.
Limitation of Liability. Neither we nor our personnel or affiliates shall be liable for any lack of security which may be experienced. Unless otherwise prohibited by law, you expressly agree that you assume all responsibility for your use of our systems, our services and our property and you use them at your own risk. Under no circumstances shall we, to the extent permitted by law, be liable to you for damages in an aggregate amount in excess of the fees paid to us by you under this Agreement in the six months prior to the date the first claim arose. Under no circumstances shall we be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages, including but not limited to, damages arising from any court action or legal dispute, loss of business, profits, revenues, money, data, goodwill, or reputation, loss of anticipated business, profits, revenues, or goodwill or other intangible losses, or any other pecuniary or non-pecuniary loss, damage or injury of any nature whatsoever, arising out of, in connection with, relating to, or resulting from this Agreement, our systems, our services or our property, including the unavailability of the Site, however arising, even if we have been advised of the possibility of such damages. Under no circumstances will we be liable for failure to perform the terms of this Agreement. Furthermore, we shall not be liable to you, or any third party, for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to this Agreement whether in contract, tort, or any law, even if advised of the possibility of such damages. Without limiting any of the foregoing, our full cumulative liability to you shall be limited to direct damages and in all events shall not exceed in the aggregate the amount of one US Dollar. The limitation of liability applies regardless of the legal theory on which the claim is based, including contract or tort, negligence, strict liability or any other basis. The foregoing limitations apply even if we have been advised of the possibility of such damage. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies, or liability contained in this Agreement apply to you to the fullest extent such limitations or exclusions are permitted under the jurisdiction where you are located.
Indemnification. You agree to indemnify, defend and hold us, our personnel and affiliates harmless from and against any and all claims, demands, liabilities, costs, losses, expenses, tax assessments, penalties, interest and damages including reasonable attorney’s fees and expenses which may hereafter arise, due to any and all claims, suits, actions, audits, investigations, inquiries, or other proceeding arising out of or relating to: (a) your breach of this Agreement; (b) your access to or use of the Site; (c) any actual or alleged breach of any representation, warranty or obligations made herein; or (d) your willful or negligent act or omission.
International Use. We make no representation that the Site, our systems, our services, or our property are appropriate or available for use in locations outside the U.S. If you choose to access or use the Site, our services, or our property from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with the applicable Regulations of your jurisdiction.
Governing Law and Venue. The Parties agree that this Agreement, performance under this Agreement, any action at law or in equity arising out of or relating to this Agreement, us, our systems, our services, or our property and all suits and special proceedings relating to such, shall be construed in accordance with, under, and pursuant to the laws of the State of Texas, without giving effect to any principles of conflicts of law. The Parties agree and covenant that any action at law or in equity arising out of or relating to this Agreement, our systems, our services, us, or any of our property will be filed only in the state or federal courts in and for the Austin Division of the Western District of Texas or the state courts in and for Austin, Travis County, Texas, and each party hereby consents and submits to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submits to extraterritorial service of process.
Notice. All notices, requests, demands, consents, permissions, and other communications hereunder shall be in writing and shall be deemed received when transmitted to the email address hereinunder, and confirmation of delivery or receipt is received, to firstname.lastname@example.org
Change of this Agreement. We may modify, alter, or otherwise update this Agreement at any time. Your continued use of the Site shall constitute your agreement to such changes.
Changes to Our Systems, Our Services, Our IP, or Our Materials. We may enhance, replace, modify, alter, change, or otherwise update the features of our systems, our services, our intellectual property or our materials in our absolute and sole discretion without any notice to You absent any written agreement between you and us.
Entire Agreement. This Agreement contains the sole and entire agreement between the Parties regarding the subject matter herein and supersedes any and all other agreements between the Parties regarding the subject matter herein, unless otherwise agreed by the Parties in writing.
Updated March 1, 2020
The Information That We Collect. When you use the Site, we automatically collect certain analytical information. This automatically collected information may include your IP Address, unique device or user identification, version of software installed on your accessing device(s), system type, the IP that you use on the Site, the dates and times that you use the Site, and other information that is publicly available any commonly collected. We collect personally identifiable information that you voluntarily provide to us.
In order to better tailor our user experience, we may automatically collect other information including, but not limited to, the users’ location, type of mobile device, browser type, IP address, language, operating system, unique device identifier, the date and time of your visit, the pages you view, and the website that referred you to us. The purpose of this practice is to identify which content our users find most useful and to tailor a better experience for you. When you visit our website, we or other partners we work with may use “cookies” or other similar technologies like pixels, web beacons and local storage to collect information about how you use the website and provide features to you. You may be able to set your browser or device to prompt you before you accept a cookie, accept cookies automatically or reject all cookies. However, if you choose not to accept cookies from the website, you may not be able to access and use all or parts of the website or benefit from the information and services it offers.
Use of Information. We use automatically collected information to identify prior users of the Site, to track usage of our systems, to determine what services are in your geographical area so as to provide relevant information to you, to update and monitor the performance of the Site and our systems, and for analytical purposes. We may on occasion provide this information to an affiliate to assist us in providing these functions and may provide this information in the aggregate to third parties. The personally identifiable information that you voluntarily provide to us may be used by us as permitted by law or this Policy. We may use your information to provide personalized content and information to you, which can include ads or other forms of marketing on behalf of third parties.
Disclosure of Information. We may share your information with certain third parties selected by us to help support our operations. These include, for example, service providers that help us process payments, analyze web traffic, send emails, and track customer service requests. In addition, based on your use of our website and services, our display advertising partners may present you with personalized advertising on other sites. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. We may also disclose your information when we believe we have your consent to do so, such as when you contact customer service and ask us about your account, or when we have the consent of someone we believe is authorized to consent on behalf of you, such as the individual associated with the payment method for your account. We may disclose your information to our partners if you give us consent to do so, such as requesting more information on an offer or service. We may also disclose your information when we have a good faith belief (i) we are required to do so by law, or in response to a subpoena, court order, or other legal mechanism, or (ii) it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. If you voluntarily share or submit any information for posting on the website, such as a user review, it may become available to the public. Finally, we may share all or some of your personal information with any of our subsidiaries, joint ventures, or other companies under common control to be used in a manner consistent with this policy, and if we or our assets gets acquired or transferred in part or whole to another organization, your information and any other information we have collected may be among the items transferred.
Opt-Out. Should you wish to opt out of all communications from us, you may unsubscribe from our emails at any time. It may take up to ten (10) business days for us to process your opt-out request.
Your California Privacy Rights. The California Consumer Privacy Act provides some California residents with the additional rights listed below.
Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including: (a) the categories of personal information we have collected about you; (b) the categories of sources from which the personal information is collected; (c) the business or commercial purpose for collecting your personal information; (d) the categories of third parties with whom we have shared your personal information; and (e) the specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following: complete your transaction; provide you a good or service; comply with a legal obligation; or make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Exercising Your California Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under California law, please email us at email@example.com. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request.
Children. Our systems and services, the Site, and our intellectual property are not intended for young children and are not directed to children under the age of thirteen. We do not knowingly collect or maintain personally identifiable information from persons under the age of thirteen. If we learn that personally identifiable information of persons less than the age of thirteen has been collected on or through our systems or our services, we will take the appropriate steps to attempt to delete this information.
Links. The site may include links. Links are provided for your convenience and information only. We do not control the availability of links and content available via links. Use of links is solely at your own risk. Any concerns regarding links, or any information, resources, or services therein, should be directed to the operator of the particular link.
GDPR. For visitors hailing from the European Economic Area or other non-US territories, any content that you voluntarily provide us will be transferred outside the European Economic Area or other non-US territories for use by us as described herein.