Terms of Use

TERMS OF USE

 

1.     INTRODUCTION AND ACCEPTANCE

 

Welcome to familyeats.net. Familyeats.net (“Website”) is an interactive online service operated by Everage Entertainment, Inc. (“Owner”).

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN PARAGRAPH 16 BELOW. THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT OWNER CERTAIN RIGHTS AND LICENSES, PROVIDE OWNER CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OWNER’S LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THE SITE [OR PURCHASE OWNER’S PRODUCTS OR SERVICES] IF YOU DO NOT AGREE.

 

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website and the materials and information available on the Website and the possibility of publication or publicity of your User Content (as defined in Paragraph 5).

 

2.     INTELLECTUAL PROPERTY

 

The Website and included content (and any derivative works or enhancements of the Website and/or its content) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the Website Content are owned by Owner, its licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by Owners, its licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved to Owner.

 

3. WEBSITE ACCESS AND USE

 

(a) Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from Owner or, in the case of third-party content, its respective owner. In certain instances, Owner may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content

for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

 

(b) Furthermore, except as expressly permitted in these Terms of Use, you may not:

(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;

 

(ii) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;

 

(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without the express written permission of Owner. Notwithstanding the foregoing, Owner grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;

 

(iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;

 

(v) solicit other users to join or become members of any commercial online service or other organization without Owner’s prior written approval;

 

(vi) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;

 

(vii) decompile, reverse engineer, or disassemble any portion of the Website;

 

(viii) use network-monitoring software to determine architecture of or extract usage data from the Website;

 

(ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;

 

(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or

 

(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

 

(c) You agree to cooperate fully with Owner to investigate any suspected or actual activity that is in breach of these Terms of Use.

 

 

4. CONDITIONS FOR LINKING TO WEBSITE

 

We hereby grant you a non-exclusive, limited license, revocable at Owner’s discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure Owner, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of Owner’s mission. Such a link is not an endorsement of such other site(s) by Owner. All of Owner’s rights and remedies are expressly reserved.

 

5. USER CONTENT

 

(a) Owner may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, recipes, procedures, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

 

(b) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

 

(c) You represent, warrant, and covenant that you will not submit any User Content that:

 

(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;

 

(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;

 

(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;

 

(iv) is an advertisement for goods or services or a solicitation of funds;

 

(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

 

(vi) contains a formula, instruction, or advice that could cause harm or injury;

 

(vii) is a chain letter of any kind; or

 

(viii) the licensed use by Owner hereunder would result in Owner having any obligation or liability to any party.

 

Moreover, any conduct by a user that in Owner’s sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.

 

(d) By submitting User Content to Owner, simultaneously with such posting you automatically grant, or warrant that the User Content owner has expressly granted to Owner a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as Owner, in its sole discretion, deems appropriate including, without limitation, (1) in connection with its business; and (2) in connection with the businesses of its successors, parents, subsidiaries, and its related companies. Owner may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. The granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Furthermore, Owner is free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you.

 

(e) By submitting User Content, you also grant Owner the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

 

(f) Owner reserves the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of Owner’s distribution partners and third-party service providers (including their downstream users).

 

(g) Owner has the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. Owner has no obligation to post, maintain or otherwise make use of User Content and does not guarantee distribution of User Content. Owner may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in Owner’s sole discretion. You have no right to maintain or access your User Content on the Website and Owner has no obligation to return your User Content or otherwise make it available to you.

 

(h) The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant Owner the rights set forth above without obligations or liability to any party, you agree to promptly provide Owner with detailed written notice thereof to:

 

Everage Entertainment, Inc. [with a courtesy copy to Jay S. Kenoff, Esq. at Kenoff & Machtinger, LLP, 1901 Avenue of the Stars, Suite 1775, Los Angeles, CA 90067].

 

6. WEBSITE CONTENT & THIRD PARTY LINKS

 

(a) Owner provides the Website including, without limitation, Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any portion of the Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will Owner be liable for any loss or damage caused by your reliance on any Website Content.

 

(b) In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. Owner does not endorse, warrant and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.

 

(c) Website Content including health-related information is not intended to be a substitute for professional medical advice. Owner does not endorse or warrant the validity of any health-related statements found on the Website or on any third-party websites accessed through the Website. You should always consult with your physician prior to changing or undertaking any new diet or exercise program or using any health-related information. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.

 

(d) If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that Owner is under no obligation to become involved. If there is such a dispute, you hereby release Owner and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

 

(e) The Website may contain links to other websites maintained by third parties. Owner does not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. Owner is not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

 

[ MOBILE

 

The Website may include certain services that may be available via your mobile phone, including without limitation (a) the ability to upload to the Website via your mobile phone (“Mobile Uploads”), (b) the ability to receive and reply to messages and to send content and messages using text messaging (“Mobile Texts”), and (c) the ability to access the Website from your mobile phone (“Mobile Web”) (collectively, the “Mobile Services”). Owner does not currently charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that Owner may communicate with you regarding the Website and Owner’s partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to Owner. ]

 

7. INDEMNIFICATION

 

You agree to indemnify and hold harmless Owner and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to Owner; or (v) your acts or omissions. You agree to cooperate fully with Owner in the defense of any claim that is the subject of your obligations hereunder.

 

8. DISCLAIMERS

 

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT

WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, OWNER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR INFORMATION, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

9. LIMITATION ON LIABILITY

 

(a) UNDER NO CIRCUMSTANCES SHALL OWNER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

 

(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF OWNER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY OWNER DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

(c) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

 

10. TERMINATION

 

(a) Owner reserves the right, in its sole discretion and at any time, to terminate or suspend and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Owner shall not be liable to you or any third party for any termination or suspension or for blocking your access to the Website.

 

(b) Any suspension or termination shall not affect your obligations to Owner under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Paragraph 18..

 

11. COPYRIGHT POLICY

 

(a) Owner respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, Owner may remove or disable access to material on its Website or hosted in its systems that may be infringing or the subject of infringing activity.

 

(b) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Owner will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Owner’s Designated Agent may be reached at:

 

[Jay S. Kenoff, Esq.

Kenoff & Machtinger, LLP

1901 Avenue of the Stars Suite 1775

Los Angeles, CA 90067]

 

(c) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to Owner by providing the Designated Agent with a written notification of claimed infringement that includes substantially the following:

 

(i) A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.

 

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Owner to locate the material.

 

(iv) Information reasonably sufficient to permit Owner to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

 

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Owner will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. If your notice of infringement relates to a recipe, then you may want to review the U.S. Copyright Office’s Circular on the copyrightability of recipes prior to reporting your notice of infringement.

 

12. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. Any legal proceedings against Owner that may arise out of, relate to, or be in any way connected with the Website or these Terms of Use shall be brought exclusively in the state and federal courts of California located in Los Angeles county and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

13. DISPUTE RESOLUTION; BINDING ARBITRATION

(a) Owner and you (the “Parties”) each agree to first contact the other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact Owner with disputes by contacting Owner at the address provided in Paragraph 13(b)(ii), below. Owner will contact you based on the contact information you provide it.

(b) The Parties each agree to settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms of Use and can award the same damages and relief. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. The Parties also agree as follows:

(i) “Disputes” are any claims or controversies against each other related in any way to the Website, Website Content or these Terms of Use – including, without limitation, claims you bring against Owner’s employees, agents, affiliates or other representatives, and claims Owner may bring against you.

(ii) If the Parties want to arbitrate a dispute, the Parties agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Owner will send notice to you based on the contact information you have provided Owner and notice to Owner must be sent to:

Everage Entertainment Inc. [with a courtesy copy to Jay S. Kenoff, Esq. at Kenoff & Machtinger, LLP, 1901 Avenue of the Stars, Suite 1775, Los Angeles, CA 90067]. Owner agrees to make attempts to resolve the dispute. If Owner cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then the Parties may submit the dispute to formal arbitration.

(iii) The FAA applies to this Agreement and arbitration provision. The Parties agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

(iv) The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules. If any AAA rule conflicts with these Terms of Use, these Terms of Use apply. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org.

(v) The arbitration will be conducted by a single neutral arbitrator and will take place in Los Angeles, CA. The federal or state law that applies to these Terms of Use will also apply during the arbitration.

(vi) The Parties agree that any arbitration will be solely between you and Owner (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the Parties’ agreement to arbitrate doesn’t apply and the dispute must be brought in court.

(vii) The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.

(c) Either of the Parties may bring qualifying claims in small claims court.

14. NO CLASS ACTIONS

To the extent allowed by law, the Parties waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.

15. NO TRIAL BY JURY

To the extent allowed by law, the Parties waive any right to trial by jury in any lawsuit, arbitration or other proceeding.

 

16. AMENDMENT; ADDITIONAL TERMS

(a) Owner reserves the right in its sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, Owner reserves the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that Owner may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(b) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, your only recourse is to immediately discontinue use of the Website.

17. TERRITORIAL RESTRICTIONS

Software related to or made available by the Website may be subject to United States export controls. Thus, no software from the Website may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

 

18. MISCELLANEOUS

(a) Any delay or failure on the part of Owner to exercise or enforce any rights under these Terms of Use to which Owner may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or

unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

(b) These Terms of Use (including the Additional Terms incorporated by reference) constitute the entire agreement of the Parties with respect to the subject matter hereof, and supersede all previous written or oral agreements with respect to such subject matter.

(c) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without Owner’s prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. Owner may assign these Terms of Use or any rights hereunder without your consent and without notice.