TERMS & CONDITIONS
(AKA: HOUSE RULES)
Effective Date: October 1, 2020
House of Wise, Inc. (“we,” “us,” or “our”) welcomes you to our house! We’re excited to have you with us and that you’ve decided to access and use our online services (the “Services”), which are made available to you through our website located at www.houseofwise.co. (the “Website”).
THE SECTIONS BELOW TITLED “ARBITRATION AGREEMENT” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. No Medical Advice
You acknowledge and agree that we do not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that we do not evaluate the need to seek medical attention through the Website, the Services or otherwise. The Website, the Services, the Content and the Contributions (as defined below) are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website or the Services for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services, the Content and Contributions is solely at your own risk. Information provided on the Website and the Services (including the Content and Contributions), and the use of any products or services purchased from our Website by you does not create a doctor-patient relationship between you and any of the health professionals affiliated with our Website or the Services. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
We do not endorse manufacturers’ or others’ claims about the efficacy, potency or ingredients of the products. No information conveyed by us either orally or in writing shall create any warranty or representation of any kind.
2. Legal Matters
We operate in the cannabis industry, specifically as it relates to full spectrum hemp oil, and our products contain cannabidiol (“CBD”) and trace amounts of tetrahydrocannabinol (“THC”). Any change in current federal or state statutes, regulation or enforcement, or current federal or state statutes, regulation or enforcement may have a material adverse effect on our ability to offer, distribute and sell, and your ability to purchase, possess, resell, consume or use, our products. You acknowledge that we do not provide any form of legal advice or opinion whatsoever, through the Website, the Services or otherwise, with respect to the legality of the purchase, distribution, possession, use or consumption of the products by you or a third party. The Website, the Services and the Content are for informational and entertainment purposes only, and are not a substitute for professional legal advice.
Products containing CBD are regulated by Federal law as well as laws of the applicable states. The Food and Drug Administration has taken a position that CBD derived from marijuana is against the law, and that CBD may not be added to foods, beverages or supplements, with limited exceptions such as a prescription medication for a rare form of epileptic seizures. The Drug Enforcement Agency has also stated that CBD derived from marijuana remains against the law, subject to the same exception for the epileptic seizure drug. Similarly, for example, the California Department of Public Health’s Food and Drug Branch has expressed its view that any CBD products, including CBD oil derived from industrial hemp, are not allowed in foods and beverages. Several other states have also taken this stance. There is great uncertainty in this area of the law, both in terms of interpretation and enforcement, and you are urged to contact your legal counsel for guidance. You agree and acknowledge that you will not rely on any information in the Website, the Services, the Content or the Contributions for the purposes of compliance with applicable laws.
3. Description and Use of Services
Through the Services, we offer products for sale (“Products”) that we deliver to you in packaged boxes or other containers on a single purchase basis (“Purchase”) or a subscription basis (“Subscription”). We provide Visitors and Customers with access to the Website and the Services as described below.
Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login or registration is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us at email@example.com, and (iii) contact us using the form on our Website.
Customers. You become our Customer when you register with us on the Website, and/or when you purchase or sign up for Subscription. Customers can do all things that Visitors can do, and can also access their personal account information and use the Services. We are under no obligation to accept any individual or organization as a Customer and may accept, reject or revoke any registration, or any Purchase or Subscription, in our sole and complete discretion.
4. Use of Your Personal Information; Your Content
Additionally, any content that you email, post, or otherwise transmit to the Services, including reviews, comments, feedback, suggestions, media files, links, blog posts, “likes” and other content (regardless of whether such information is posted publicly or with password protection), together with your associated user name on the Website, will be publicly known as your “Contributions.” We do not own your Contributions. By posting Contributions, you represent (i) that you are the owner of those Contributions or have all of the necessary rights to share it, and (ii) give us permission to use, re-use, license, copy, adapt, paraphrase, summarize, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Contributions otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis anywhere in the world in perpetuity. This includes the right to incorporate any suggestions or other feedback contained in your Contributions into the Website, the Services and/or any future products or services, and you agree that we have no responsibility to you for compensation or reimbursement of any kind, under any circumstances, for submission or use of such suggestions, feedback or other Contributions.
You agree that you will not submit any Contribution which:
- Is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- Is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- Encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Services an uncomfortable experience for anyone;
- Violates any local, state, federal or international laws or gives rise to civil liability;
- Violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- Uses or possesses programs to “crack” the Services or other Internet security tools, or contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Services; or
- Anything else that we, in our sole determination, deem offensive or harmful to the Services or to our integrity, ethics, business, or brand.
We are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that we may receive regarding any Contributions that you may use or allow others to use in connection with the Service (including Contributions posted or submitted to the Service) before we take any remedial action that we consider, in our sole discretion, to be appropriate.
WE DO NOT CONTROL THE CONTRIBUTIONS POSTED OR SUBMITTED TO THE SERVICE, NOR DO WE HAVE ANY OBLIGATION TO MONITOR, SCREEN, POLICE OR EDIT THOSE CONTRIBUTIONS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE CONTRIBUTIONS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SERVICE.
If you submit or otherwise provide to us any communications, content or Contributions, including, without limitation, any personal or commercial information, idea, concept or invention, you hereby irrevocably grant to us an unrestricted, worldwide, irrevocable, perpetual, sublicensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute and otherwise exploit Contributions in any medium and for any purpose, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to us in accordance with the foregoing license grant. You further irrevocably waive any ”moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Contributions, ideas, concepts or know-how provided to us that you may have under any applicable law under any legal theory.
5. Product Descriptions and Availability
(a) Product Descriptions.
Our Website contains descriptions of the products we offer for sale on the Website. We attempt to be as accurate as possible with the descriptions of the products made available to you through the Services . However, we make no warranties that the product descriptions and any other content are accurate, complete, reliable, current, or error-free. In providing product descriptions on our Website, we rely entirely or in large part on the description and other information provided by the manufacturer or supplier of such product, without independent verification of any kind. Certain weights, measures and similar descriptions are approximate and are for convenience only. We endeavor to undertake reasonable efforts to accurately display the attributes of products, including the applicable colors, however the actual colors that you see will depend on your device, and we cannot guarantee that your device will accurately display such colors. If a product offered by us is not as described, your sole remedy is to return it in unused condition in accordance with our return and refund policies. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice and we will not incur any obligation or liability as a result of such change.
(b) Certain Terms of Offer and Purchase.
In general, offers on the Service are good only while supplies last. Sweepstakes, giveaways, specials, sales, and other promotions offered at the Service may not be available in our physical stores (if any). Likewise, sales and specials offered in-store might not be reflected online. It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) regarding the possession, use and sale of any products through our Website or the Service. By submitting any information through the Service in connection with purchasing any products, you grant to us the right to provide such information to third parties for purposes of facilitating such purchase. Verification of information may be required by us or a third party prior to the acknowledgment or completion of any transaction. You represent and warrant that you have the right to use any credit card or other method of payment that you submit in connection with a transaction in connection with the Service. Further terms and conditions related to transactions in connection with the Service may apply. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your transactions
Our packages are shipped via USPS First Class, USPS Priority Mail, UPS Ground, UPS Next Day Air and UPS 2nd Day Air. Packages are delivered between 2-10 business days after ordering. In the event of shipping delays, please contact us on our Website or other methods described in the confirmation email. [Please revise as appropriate, including for any international shipping.]
Products containing less than 0.3% THC are legal in the United States.
Packages shipped to the EU will be sent via UPS and should be expected to arrive within 5-12 days.
Products containing less than 0.2% THC are legal in the EU. Any product with THC levels exceeding 0.2% will not be shipped to the EU.
(d) Refunds, Return Policy and Procedures
We’re sure you’re going to love using our products, but if you’re not happy for any reason, you may return the unused portion of the product for refund within [_7_] days of your receipt of the product that you seek to return. Please contact us at [firstname.lastname@example.org] and we can discuss your options and procedures regarding refunds and returns. Certain items may be subject to a restocking fee or non-refundable.
To create an account and/or make purchases through the Website, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time a user logs in using your password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with this Agreement and we have no obligation to investigate or verify the identity, authorization or source of any such access or use of the Website.
In order to access certain features of the Services, you may be required to link your account with a social networking site or other third party account, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Website (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account.
You have the ability to disable the connection between your account and your Third-Party Accounts at any time by changing the relevant settings of such Third-Party Accounts or the Website.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non -infringement, and we are not responsible for any SNS Content.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security.
At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.
7. Subscription Process, Renewal and Cancellation
If you purchase a Subscription to our products through our Website, you will receive a shipment containing a recurring supply of Products based on the delivery interval you have selected.
Your Subscription will continue on a recurring basis at the selected delivery interval until you choose to cancel. There is no subscription fee associated with your Subscription. You will only be charged for the price of the product the cost of shipping and handling and applicable taxes. After your initial subscription period, and again after any subsequent subscription period, your ubscription will automatically commence on the first day following the end of such period (each, a “Renewal Commencement Date”) and continue for an additional equivalent period, at our then-current price for such Subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your Subscription at any time prior to the Renewal Commencement Date.
If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and by following the link on our Website for changing or cancelling your Subscription. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you an email reminder prior to charging your payment provider each subscription period. If you choose to cancel your Subscription at any time, your Subscription will terminate automatically and we will not charge your payment provider for the subsequent subscription period. You agree that we may either terminate or suspend your Subscription for any reason at any time in our sole discretion.
8. Billing, Payments and Discounts/Promotions
We accept the following bank or credit cards: Visa, MasterCard, [and American Express]. For your convenience, we will save your bank or credit card information. [Add information about other payment methods you would accept.]
You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
Sales originating in the United States will be governed by US Law and sales originated in the UK will be governed by the laws of the United Kingdom.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. If you would like to receive a refund for any reason, please contact us at email@example.com Refunds will be issued by us in our sole discretion.
Any discounts or promotions cannot be retroactively applied to past orders. Promotional coupons are one use per household and cannot be combined with other promotional codes. Discounts and promotions do not apply to Subscriptions or orders below any minimum purchase requirement applicable to such discounts and promotions. Valid for USA domestic customers for shipment to one of the contiguous 48 states only, unless stated otherwise.
WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE WEBSITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF ANY PRODUCT OFFERED FOR SALE ON THE WEBSITE, OR THROUGH THE SERVICES OR THE CONTRIBUTONS.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE, THE SERVICES AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Communications To Us
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information, including any personal information, unless we expressly request you to do so. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use without any compensation to you any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.
11. No Warranties/Limitation of Liability
IN CONNECTION WITH ANY WARRANTY, CONTRACT, PRODUCT LIABILITY OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, BUSINESS INTERRUPTION, LITIGATION OR ANY OTHER PECUNIARY LOSS RESULTING FROM OR ARISING OUT OF, OR ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE PROVISION OR SALE OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, CONTRIBUTIONS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH POSSIBILITY WAS FORESEEABLE; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTRIBUTIONS SHALL BE LIMITED TO THE GREATER OF (A) THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES (INCLUDING THE PURCHASE OF PRODUCTS) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, AND (B) US $10.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON LIABILITY. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE, THE SERVICES AND CONTRIBUTIONS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON OR IN THE WEBSITE, THE SERVICES OR CONTRIBUTIONS. WE RESERVE THE RIGHT, BUT UNDERTAKE NO OBLIGATION, TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND OUR (OR OUR SUPPLIERS’ OR VENDORS’) CONTROL. THE OPERATION OF THE SERVICE, WHETHER BY US, OUR SUPPLIERS OR VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO CONTRIBUTIONS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING CONTRIBUTIONS POSTED OR SUBMITTED TO THE SERVICE.
WE RESERVE THE RIGHT TO DECLINE, CANCEL OR MODIFY AN ORDER IN OUR SOLE AND ABSOLUTE DISCRETION FOR ANY OR NO REASON, INCLUDING WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR A CUSTOMER INTENDS TO RESELL SUCH PRODUCTS, OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR. VERIFICATION OF INFORMATION MAY BE REQUIRED PRIOR TO OUR ACCEPTANCE OF ANY ORDER. WE RESERVE THE RIGHT TO LIMIT QUANTITIES OF ITEMS PURCHASED BY EACH CUSTOMER OR HOUSEHOLD.
YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR MEDICAL ADVISORS BEFORE STARTING ANY DIET, EXERCISE, OR SUPPLEMENTATION PROGRAM. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITES. INFORMATION PROVIDED ON THE WEBSITE AND THE USE OF ANY SERVICES PURCHASED FROM OUR WEBSITE BY YOU DO NOT CREATE, FORM OR CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH OUR WEBSITES, IF ANY. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Service would not be provided to you absent such limitations.
11. External Sites
The Website and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our shareholders, officers, directors, employees, contractors, agent, representatives, successors, licensees and assigns harmless from and against any claims, damages, losses, fines, penalties, actions, or demands, including, without limitation, reasonable attorneys’ fees, expert witness fees, and costs of investigation, arising out of relating to: (i) your breach of this Agreement; (ii) your misuse of the Website, the Services, the Content or the Contributions; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
14. Compliance with Applicable Laws
The Website and the Services are based in the United States. We make no claims concerning whether the Content or the Contributions may be downloaded, viewed, or be appropriate or lawful for use, access or viewing outside of the United States. If you access the Website, the Services, the Content or the Contributions from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
15. Your Obligations.
You agree to use the Service only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Service will not be tolerated, including by means of hacking or defacing any portion of the Service, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through the Service (including in connection with any Contributions) any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of the Service, or parts of the Service, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
You must not post, transmit or otherwise make available through or in connection with the Service any virus or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
You agree to provide true, accurate, current, and complete information in connection with the Service. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Service. Because any termination of your access to the Service may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Service. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Service.
16. Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, the Services, the Content or the Contributions at any time and for any or no reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website, the Services, the Content or the Contributions at any time without prior notice or liability.
17. Digital Millennium Copyright Act
We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or Contributions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “DMCA”) for the receipt of any Notification of Claimed Infringement which may be given under that the DMCA is as follows:
Charlotte, NC 28202
If you believe that your work has been copied on the Website, the Services, the Content or the Contributions in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the DMCA, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
18. Arbitration Agreement
In the event of a dispute arising under or relating to this Agreement, the Services, the Content or the Contribution or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party.
IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in [Charlotte, NC] or another location mutually acceptable to the parties. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
19. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement is governed by the internal substantive laws of the State of [North Carolina], without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Subscription Process, Renewal and Cancellation,” “Billing and Payments,” “Disclaimers,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Arbitration Agreement,” “Class Action Waiver,” and “Miscellaneous.”
If legal action is necessary to collect fees or charges due from you, then you will reimburse us for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
20. Contact Information
Charlotte, NC 28202