Terms & Conditions of Use
Welcome to RGJ Movement!
This website (the “Website”) is owned by Rachel Grant Jackson Movement LLC (“Company” or “We”) and is designed to provide you with high quality video of classes, strength and stretch routines, foundational moves, and information about fitness and wellbeing. The Website is not directed to persons under 18 years of age. These Terms & Conditions of Use (this “Agreement”) apply to all of the products and services offered by Company (collectively, the “Services”).
PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Website and any Services. By accessing the Website or using any Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you access the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member or otherwise make use of the Service, you must read this
Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Website is void where prohibited. All Materials (as defined in Section 11 of this Agreement) are provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company. Company reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available:
o for your information and personal use;
o as intended through the normal functionality of the Company Service; and
o for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of
an audiovisual work via the Internet from the Company Service to a user’s device in such a
manner that the data is intended for real-time viewing and not intended to be copied,
stored, permanently downloaded, or redistributed by the user). Accessing Website videos
for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer & Waiver
Yoga and physical exercise generally, in all of its forms and with or without the use of equipment
such as blocks, straps or any other equipment that may be suggested by a Company instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Company is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Company videos. Nothing contained in this Website should be construed as any form of such medical advice, diagnosis, or therapy. By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Company, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Company, or any person or entity involved with Company, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
SERVICES AND PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY PSYCHOLOGICAL OR MEDICAL CONDITION. COMPANY, ITS STAFF AND THE CONTENT-PROVIDERS ARE NOT LICENSED MEDICAL CARE OR HEALTHCARE PROVIDERS AND ARE NOT RENDERING PERSONAL MEDICAL AND/OR PSYCHOLOGICAL ADVICE OR TREATMENT, AND HAVE NO EXPERTISE IN ADVISING ON, DIAGNOSING, EXAMINING, OR TREATING MEDICAL OR MENTAL HEALTH CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY OF THE SERVICES, SPECIFIC EXERCISE OR NUTRITIONAL OR DIETARY SUPPLEMENTS ON A MEDICAL CONDITION. OUR SITE AND SERVICES MAY INCLUDE INFORMATION AND INSTRUCTION RELATING TO HEALING AND NOURISHMENT OF OVERALL WELL-BEING, INCLUDING, BUT NOT LIMITED TO, PRIVATE HEALTH COACHING, NUTRITIONAL AND DIETARY SUGGESTIONS, AND PERSONAL EXERCISE AND FITNESS TRAINING, SUCH TOPICS ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE FOLLOWING WARNINGS AND DISCLAIMERS SHALL APPLY TO ALL SUCH INFORMATION, INSTRUCTION, PRODUCTS AND SERVICES:
NOTHING CONTAINED ON THE SITE OR OTHER PRODUCTS OR SERVICES OFFERED BY COMPANY SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS OR SUBSTITUTE FOR PROFESSIONAL CONSULTATION (I.E., ADVICE, DIAGNOSIS, OR TREATMENT). YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A MENTAL HEALTH PROFESSIONAL, PHYSICIAN AND/OR REGISTERED DIETITIAN OR NUTRITIONIST FOR ANY MEDICAL CONDITION. COMPANY’S PRODUCTS AND SERVICES MAY NOT BE RIGHT FOR EVERY PERSON AND MAKES NO COMMITMENTS OR GUARANTEES OF ANY KIND THAT ANY PART OF THE PRODUCTS AND/OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
WITHOUT LIMITING ANY OTHER TERMS HEREIN, YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST COMPANY, OR ANY PERSON OR ENTITY INVOLVED WITH COMPANY, INCLUDING WITHOUT LIMITATION ITS DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES TO EXTENT PERMITTED BY APPLICABLE LAW.
4. Minors
Company’s content is not directed to persons under 18 years of age, and by providing
information about yourself to Company you are representing that you are 18 years of age or older.
5. Member Account, Password and Security
If you register on the Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from Company. Company will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
You agree not to use the Service to transmit information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials (“Content”) that:
o is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
o harasses or advocates harassment of another person;
o exploits people in a sexual or violent manner;
o contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
o provides any telephone numbers, street addresses, last names or email addresses of anyone other
than your own;
o promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
o violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copy-protect devices, or providing pirated music or links to pirated music files;
o involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant
messaging, “spimming,” or “spamming”;
o contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
o furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
o solicits passwords or personal identifying information from other Members;
o involves commercial activities and/or sales without Company’s prior written consent, such as
contests, sweepstakes, barter, advertising, and/or pyramid schemes;
o includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
o denigrates, ridicules, or demeans another person; or
o contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7. Termination or Suspension of Account
You agree that Company may at any time and for any reason, including a period of account inactivity, terminate your access to Company Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
8. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Company. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges.
9. Preservation/Disclosure
You acknowledge, consent and agree that Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Company, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.
10. Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company and/or content providers who provide content to Company. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
11. Terms of Sale
The following terms apply to your purchase of the products offered on the Website (“Products”).
- Product Descriptions. We try to make the Website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Website may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
- Availability and Pricing. Company reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. Products offered for sale on this Site are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
- Purchasing Products. The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
- Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order.
- Returns. We do not allow returns or substitutions of Products. All sales are final.
- Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please e-mail [email protected]. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
- Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
- Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
- Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
- Personal Use Only. Products are for your personal use only. You agree not sell or resell any products you purchase. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.
12. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Materials”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Company or by third parties that have licensed or otherwise provided their material to Company. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Company’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
13. Company and Third Parties
The Website contains Materials of Company and its third party licensors which are protected by copyright, trademark, patent, trade secret and other laws. Company owns and retains all rights, title and interest in its Materials. Company hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view its Materials and any third party Materials located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, noncommercial use in connection with viewing the Website and using the Service. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Materials appearing on or through the Website or Service. Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Company is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Company or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Company encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Company works to ensure the information on the Website is current and accurate, Company does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose.
14. Other Sites
Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Company does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply Company’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
15. Privacy Policy
Company respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Company’s Privacy Policy. A complete statement of the current privacy policy can be found in Company’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
16. Infringement Policy
Company reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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; and (f) 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. For this notification to be effective, you must provide it to Company by e-mail with a return receipt acknowledgement.
17. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period. Company reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Company believes that you have breached any of the terms of this Agreement, furnished Company with false or misleading information, or interfered with use of the Website or the Service by others. When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
18. Membership
o No Sharing. Members of Company may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Company as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
o Fraudulent Use. Company reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
o Payment Methods. We require that you provide a valid credit or debit card at the time you register to ensure that you have continued access to your membership.
o Billing. Memberships are billed monthly at the beginning of each month. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Company will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges.
o Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Company later increases the price of the subscription, Company will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
19. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY OR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. Limitation on Liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICE OR PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Company shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by Company or any of its employees. Company is not responsible for any third party content on the Website or third party web page accessed from this Website, nor does Company warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose. No communication of any kind between you and Company or a representative of Company shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use. Company reserves the right to remove any material posted on the Website that it determines in its sole discretion violates any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Website.
21. Exclusions and Limitations
Those who access or use the Website or Services from other jurisdictions do so at their own volition and are responsible for compliance with all local laws and rules, including those regarding online conduct, acceptable content, and the transmission of technical data exported from the United States or the country in which you reside. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
22. Indemnity
You agree to defend, indemnify and hold harmless Company, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website or the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
23. Additional Terms
We may also require you to follow additional rules, guidelines or conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
24. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Services, Website or any portion thereof with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.
25. Assignment
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
26. Integration Clause
This Agreement together with the Privacy Policy and any other legal notices published by Company on the Website, shall constitute the entire agreement between you and Company concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and Company with respect to the Website and Service.
27. Waiver and Severability of Terms
The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
28. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
29. Governing Law and Venue
This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Website or Services shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You agree that: (a) the Website shall be deemed solely based in California; and (b) the Company Website shall be deemed a passive website that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than California.
30. Ability to Accept Terms of Service
You affirm that you are at least 18 years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
31. General
Company reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement, the Website or Services, feel free to contact us by e-mail to: [email protected]
Date Last Modified: November 25, 2019