CORPUS GROUP, INC. TERMS AND CONDITIONS
This web site (the “Site” or “Platform”) is provided for your information and use. Please be aware that your use of the web site is subject to the following terms and conditions (“Terms and Conditions”). If you do not agree to these Terms, please do not use this web site.
This site and its related Services and applications (collectively, \”Services\”) are owned and operated by the Company. The Company reserves the right, in its sole discretion and at any time, to modify, suspend or discontinue the Services or specific portions of it.
- Agreement to Be Bound; Termination
Your access to and use of the Services constitutes your agreement with The Company to be bound by, and to act in accordance with, these Terms and Conditions. From time to time, The Company may refer you to other service providers or resources. You may at any time decline to utilize such service providers or resources and any agreement on Terms and Conditions with such service providers or resources are between you and such service providers or resources.
You may terminate your use of the Services at any time. The Company may suspend, discontinue or terminate your access to or use of the Services at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms and Conditions as determined by The Company in its sole discretion, or (ii) for any other reason in The Company\’s sole discretion. The Company may notify you of any such suspension, discontinuance, or termination by posting a notice on the Services, on any webpage opened when using the Services, by email to an email address you provided to The Company upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of the Services during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of the Services, you must uninstall any Software (as defined below) downloaded from the Services and promptly destroy all Materials (as defined below) obtained through the Services, as well as any copies of such Materials. You agree that The Company shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to the Services.
- User Accounts
If you register an account on the Services (an \”Account\”), you:
- must not allow any third party to access the Services using your log on information, including but not limited to your email address, phone number, user ID and password (\”Log-in ID\”);
- are prohibited from using anyone else\’s Log-in ID to access the Services;
- are responsible for any use of the Services by any third party who accesses the Services using your Log-in ID;
- will notify The Company immediately if you suspect any unauthorized use of the Services or of your Log-in ID; and
- are responsible for ensuring that any information that you provide to The Company as part of the account registration process is accurate and is kept up to date at all times, and you will log in to this website and update your information immediately if there are any changes.
- Non-Medical Information
No information, data, skin scans, recommendations or products provided by the Company or this site are intended to provide any medical diagnosis, medical advice, or medical treatment of any kind. You agree that no information will be interpreted or utilized as medical diagnosis, medical advice, or medical treatment. You further agree that you will seek qualified medical assistance to obtain any medical diagnosis, medical advice, or medical treatment.
- Continuing Agreement
We may change or revise these Terms and Conditions from time to time by updating this posting, so please visit this area each time you visit the Services to keep up to date with the current terms regarding your use of the Services. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, \”Applicable Laws\”), your use of the Services reaffirms your continuing agreement to the then-current Terms and Conditions.
- Ownership and Use of the Services and Site Materials
All right, title and interest in and to the Services, including all text, designs, images, videos, graphics, Software and other content and materials on the Services (collectively, \”Materials\”), are owned by The Company and its licensors. The Company also owns or has a right to use all trademarks, Services marks, logos, and trade names used on the Services (collectively, \”Trademarks\”).
The Company grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use the Services (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms and Conditions. The Company may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.
No part of the Services may be copied, reverse engineered, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Services or any portion thereof.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on the Services, as determined by The Company in its sole discretion.
Any modification of the Materials or use of the Materials for any other purpose is a violation of The Company\’s or its licensors\’ copyright and other proprietary rights. The use of any such Materials on any other Services or computer network without The Company\’s written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by The Company, is strictly prohibited. All rights not expressly granted to you are reserved by The Company or its licensors.
- Downloaded Software
From time to time The Company may make available as part of the Materials on the Services particular software including files, images and data relating to the software (the \”Software\”). You do not own the downloaded software, and The Company does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these Terms and Conditions. The Company retains full ownership of and title to the downloaded Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through the Services is subject to United States export control laws. If you download Software from the Services, you represent and warrant to The Company that you are not acting in violation of those laws.
- Mobile Devices
If permitted or available through the Services, to (a) upload content to the Services via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Services from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the \”Mobile Servicess\”), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which The Company makes the Services available as well as any carrier Services necessary to download content, and you must pay any Services fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Services, including, but not limited to, if the Services contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Services. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Services. Any equipment or software causing interference will be immediately disconnected from the Services and The Company will have the right to immediately terminate this Agreement. If any upgrade in or to the Services requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new products and Services, will be subject to the terms and conditions of this Agreement.
- No Support or Maintenance.
You acknowledge and agree that Company will have no obligation to provide you with any
You understand that: (i) the prices for items displayed through the Platform may differ from the prices offered or published by the businesses selling those products (even for the same items) and/or from prices available at other third-party websites, such prices may not be the lowest prices at which the items are sold, and that prices may include discounts, promotions or other price modifications at our sole discretion; (ii) Company has no obligation to itemize its costs, profits or margins when publishing such prices; and (iii) Company reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes, including without limitation state, local, sales, and other taxes, on your use of the Platform provided under these Terms (other than taxes based on Company’s income)..
Company uses authorized third parties for the purpose of processing your transactions, including fraud prevention, vendor direct shipping, and payment card authorization. By submitting your payment card to us, or bank account information to your lending institution, you grant us the right to store and process your information with such third parties. You agree that the Company will not be responsible for any failures of such third parties to adequately protect your information.
- Promotional Offers.
Company, at its sole discretion, may make promotional offers with different features and different rates to any of our users, including without limitation referral codes (collectively “Promotional Offers”). These Promotional Offers, unless made to you directly, shall have no bearing whatsoever on your individual offers or transactions. Additionally, to the extent permitted by applicable law, Promotional Offers: (i) must be used only for their intended purpose, in accordance with any applicable rules and in a lawful manner; (ii) may not be transferred, replicated, sold, or combined unless authorized in writing by Company; (iii) may be valid only for certain items, or may expire after a certain period of time even if before actual use or redemption; (iv) may be changed, canceled, or retracted by Company at any time for any reason; (v) may not be combined with other promotion offers; (vi) have no monetary value and are not valid for any cash or similar credit; and (vii) are void where prohibited by law. We encourage you to check back periodically if you are interested in learning more about how we charge for the Servicess available through the Platform.
Company may charge various fees as shown on the Platform during checkout in connection with the Services available through the Platform, including without limitation, delivery fees, cancellation fees, compliance fees, and other fees. We may change any and all such fees, or add additional fees, as we deem necessary or appropriate for our business at any time.
- Mobile Messaging and Marketing Authorization, Terms and Conditions.
By agreeing to these Terms and Condition and using our Site, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries, general customer support, operational communications concerning your Account, or marketing materials.
In addition, Company offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging provisions of these Terms and Conditions. By opting-in to or participating in any of our Programs, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in these Terms and Conditions.
User Opt-In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting-into the Program by checking your consent to these Terms and Conditions, and/or through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By affirmatively opting into in the Program, you provide Company with your express written consent, via e-signature, to deliver or cause to be delivered advertising and marketing mobile messages through an automatic telephone dialing system or an artificial or prerecorded voice at the phone number associated with your opt-in. You also understand your express written consent is not a direct or indirect condition of making any purchase from Company. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). Message and data rates may apply.
User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Company in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your Services plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Company of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Company, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt-into the Program can expect to receive messages concerning the marketing and sale of products, Services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with the Company.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We are not liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless Services provider/network operator and is outside of Company’s control.
Participant Requirements: You must have a wireless Device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless Services subscriber with text messaging Services. Not all cellular phone providers carry the necessary Services to participate. Check your Device capabilities for specific text messaging instructions.
By accepting these Terms and Conditions, you consent and agree to accept and receive communications from us to the contact addresses and/or phone numbers you provide to us in connection with your Account, including without limitation via automated emails, SMS text messages, cellular or telephone calls, and push notifications (if applicable). You hereby acknowledge and agree that when requesting Services through the Platform you are consenting to be contacted by us, by telephone (on a recorded line), automated calling, artificial voice or pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted-in to the National Do Not Call List, any state equivalent Do Not Call List, or the internal Do Not Call List of any company. If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
- User Code of Conduct
In using or accessing the Services, you agree, without limitation:
- not to use the Services in breach of these Terms and Conditions;
- not to use the Services for commercial purposes;
- not to \”spam\” others or \”phish\” for others\’ personal information;
- not to disrupt or interfere with the security of, or otherwise abuse, the Services, or any part the Services;
- not to upload, post or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files;
- not to use, frame or utilize framing techniques to enclose any part of the Services without The Company\’s express prior written consent;
- not to use meta tags or any other \”hidden text\” utilizing any Trademark without The Company\’s express prior written consent;
- not to \”deeplink\” to the Services without The Company\’s express prior written consent;
not to create or use a false identity on the Services;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Services or portions of the Services that are restricted from general access;
- not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person\’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
- not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms and Conditions;
- not to use the features of the Services at any web site other than a merchant, retail or social networking web site as permitted under these Terms and Conditions. Such restricted websites shall include, without limitation, blogs and other online publications; and
- not to use the Services in breach of any Third Party Site\’s (as defined below) terms and conditions.
In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with the Services. You also agree to act consistent with the requirements set forth in these Terms and Conditions and the requirements of The Company.
You agree to immediately notify The Company if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms and Conditions, including any unauthorized access to your Account. If you so notify The Company, or we otherwise suspect such activity, you agree to cooperate with The Company in any investigation and to use any prevention measures we prescribe.
- User Submissions
Certain portions of the Services may permit you to submit post, transmit or upload content created by you (\”User Submissions\”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Services users.
In connection with User Submissions, you agree that you will not submit User Submissions that:
- include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
- include any material that by itself, or by its use as permitted in these Terms and Conditions, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
- are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
- contain advertisements or solicitations of any funds, goods or Servicess;
- is a communication by a user impersonating another user;
- contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
- could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to The Company through the Services, whether solicited or unsolicited, you agree that you are granting The Company, its third-party Services providers who provide the Services, and retail partners (collectively, the \”Licensed Parties\”) a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, \”Use\”) such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms and Conditions are later modified or terminated.
No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.
By submitting, posting, transmitting or uploading User Submissions through or to the Services, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.
You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms and Conditions, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.
Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. The Company also reserve the right to terminate your Account if you violate any of these Terms and Conditions or our policies, as determined in our sole discretion. You agree that The Company does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.
If you are aware of any User Submissions on the Services which violate these Terms and Conditions, please contact us by visiting Contact Us and filling out the contact form, or by calling (800) 817-2863, or writing to us at Corpus Group 1050 Maple St., Unit 4907, Wenatchee WA 98801. Please provide as much detail as possible, including a copy of the underlying material, the location where The Company may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; The Company will only remove User Submissions if The Company believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled \”Copyright Agent.\” In no event does The Company assume any liability for failing to either monitor or remove specific User Submissions.
The Company will fully cooperate with any law enforcement authorities or court order requesting or directing The Company to disclose the identity of anyone posting User Submissions that violate these Terms and Conditions or any law or regulation. The Company may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of The Company, its customers or the public.
- Voting/Rating Features
For any voting/rating features that are available on the Services, you must follow instructions on the Services to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. The Company assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. The Company may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. The Company reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Terms and Conditions, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. The Company\’s decisions with respect to all aspects of any voting/rating element are final and binding, including, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
Any sweepstakes, contests, games and/or promotional offers accessible on the Services are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on the Services, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms and Conditions, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from the Services (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on the Services, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
- Geographic Scope of Site
The Company controls and operates the Services from within the United States of America. Unless otherwise specified on or by the Services, the Services is intended to promote only those products that are sold by The Company in the United States and its territories and possessions, and The Company makes no representation that materials in the Services or the products described thereby are appropriate or available for use in other locations. All visitors to the Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Services.
- Links to Other Sites
For your convenience and enjoyment, the Services may provide links to other third party web sites on the World Wide Web that are not operated by The Company (\”Third Party Site\”). The Company has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. The Company may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by The Company to, or an endorsement by The Company of, the linked Third Party Site or any products or Services, or other materials on or available from such Third Party Site. The Company is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, The Company is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or Services available on or through any such Third Party Sites.
If you determine to share any information about any The Company products through a social network platform, including through links provided by The Company through the Services, you may be able to post such information directly to your profile at the social networking platform without leaving the Services. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by The Company, the data is in fact collected directly by the social networking platform and/or a third-party Services provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.
- CONTENTS OF THE SERVICES – DISCLAIMER
THE MATERIALS IN THE SERVICES (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED \”AS IS\” AND \”AS-AVAILABLE\”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. THE COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THE SERVICES, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. THE COMPANY IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND THE COMPANY DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, THE COMPANY CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THE SERVICES. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THE SERVICES, THE COMPANY IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF THE COMPANY OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICES PROVIDERS.
- OPERATION OF THE SERVICES – DISCLAIMER
THE COMPANY ENDEAVORS TO MAINTAIN THE SERVICES AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE SERVICES OR ITS OPERATION. AS TO THE OPERATION OF THE SERVICES, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICES WILL MEET THE USER\’S REQUIREMENTS; (II) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SERVICES.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE \”THE COMPANY PARTIES\”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR ANY MATERIALS IN THE SERVICES, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES. THE COMPANY PARTIES SHALL NOT BE LIABLE EVEN IF THE COMPANY OR A THE COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
- Limitations as to Paragraphs 14, 15 and 16
Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Company Parties\’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Services.
You hereby agree to defend, indemnify and hold the Company Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney\’s fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of the Services, your User Submissions, your breach or alleged breach of these Terms and Conditions, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.
- Copyright Agent
The Digital Millennium Copyright Act of 1998 (the \”DMCA\”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please Contact Us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located, with enough detail that we may find it;
your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner\’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: [Goodwin?].
We suggest that you consult your legal advisor before filing a notice with our copyright agent.
We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Services or making submissions.
- Applicable Law; Jurisdiction
By agreeing to these Terms and Conditions, you expressly agree to the arbitration of any controversy, allegation, or claim that arises out of or relates to the Company, Company products, this site or the use thereof, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”). The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative court or arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the foregoing arbitration provisions will remain in force.
You and Company agree that, except as provided in Section (20.6) below, all Disputes, (each a “claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms and Conditions. In the event of a conflict between the terms set forth in this Section 20 (Disputes) and the JAMS Rules, the terms in this Section will control and prevail. Except as otherwise set forth in Section 20.6 below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Company will have the opportunity for discovery of non-privileged information that is relevant to the claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms and Conditions, (a) you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
The arbitration will take place in the State of Delaware unless the parties agree to video, phone or internet connection appearances.
You and Company agree that any arbitration shall be limited to the claim between Company and you individually. YOU AND COMPANY AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration.
You and Company agree that the following claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Excluded Dispute, (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use, or violation of the Computer Fraud and Abuse Act, (c) defamation, or (d) any claim for equitable relief.
- Arbitration Fees.
If you initiate arbitration for a claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the Dispute be resolved by a judge.
If any provision of these Terms and Conditions shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver
No failure on the part of The Company to enforce any part of these Terms and Conditions shall constitute a waiver of any of The Company\’s rights under these Terms and Conditions whether for past or future actions on the part of any person. Neither the receipt of any funds by The Company nor the reliance of any person on The Company\’s actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of The Company shall have any legal effect whatsoever.
- No Legal Effect
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Last Updated: 6 February 2022
Copyright Pending © The Company United States, Inc. All rights reserved.
Trademark 01 January 2022 The Company United States, Inc. All rights reserved.