Acceptance of Terms
The Cat Parent Association (“Company” or “us” or “we”) provides products, information, communications, features and services through these websites, web pages, emails, audio/visual and textual resources and any other medium or device now known or hereafter developed (which, along with the websites, are referred to as the “Service”). These Terms of Service also exclusively govern our interactions unless and until separately agreed in a signed writing executed by an officer of Company.
By using or accessing any part of the Service, including without limitation submitting your email address on web pages, you are agreeing to these Terms of Service, our Privacy Policy and all other policies or notices posted by us on our websites.
If you don’t agree to these Terms of Service, don’t use the Service. We can change these Terms of Service at any time without any notice to you. It is your responsibility to review these Terms of Service from time to time for any changes as it creates binding legal agreement between you and Company. If you use the Service after we’ve changed any of the Terms of Service, you are agreeing to all of the changes. Again, if you do not agree, don’t use the Service.
Permission to Use the Service
You have our permission to use the Service, but only if:
you are over 13 years old;
you are using the Service for your own personal use and not for commercial purposes;
you do not copy the Service or any part of the Service;
you do not modify the Service or any part of the Service;
you follow all the rules and restrictions we’ve spelled out in these Terms of Service.
Accounts; Passwords; Security
You may need to set up an account in order to use some of the features of the Service. You may not use someone else’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
Personal Use Only
We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose.
User Content
You are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By “User Content”, we mean any Content you post to the Service. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.
Restrictions on User Content and Your Conduct
You may not:
(i) use our Service for any illegal purpose;
(ii) submit User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
(iii) forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
(iv) submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
(v) submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(vi) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(vii) impersonate anyone else or lie about your affiliation with another person or entity;
(viii) use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks;
(ix) upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else’s computer systems, or data;
(x) use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
(xi) collect or gather other people’s personal information (including account information) from our Service;
(xii) submit User Content which disparages us or our partners, vendor or affiliates; or
(xiii) solicit, for commercial purposes, any users of our Service.
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
Proprietary Rights
Company and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service and Content which is included in the Service (other than User Content). If you give feedback on the Service, for example recommendations for improvements or features, implementation of that feedback is owned by us and may becomes part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Service to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Service.
All brand, product and service names used in the Service which identify Company or our suppliers and our or their proprietary products and services are the trademarks or service marks of Company or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Company or such supplier with respect to any such image, logo or name. You agree not to disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service.
Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use our Service to infringe anyone else’s copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from our Service more than twice.
How to Communicate with Us; Proposals To Modify Terms
No communications with us shall be deemed an offer or acceptance of an offer by us unless set forth in a written document executed by an officer of the company. This includes, without limitation (a) any invitation to join our program(s), which do not constitute an offer or a guarantee of our consent to your participation; (b) any communication by you proposing payment in exchange for consideration which has not been executed by an officer of our company; and (c) any offer of settlement of any dispute.
You agree that any proposed modification to our relationship shall be delivered solely as follows:
(A) with respect to becoming a member of our programs, via electronic signature; and
(B) with respect to all other proposed modifications, in physical form sent to 1806 Belles Street Suite, 2nd Floor 7B, San Francisco CA 94129 via Federal Express. You agree that any proposed modification delivered by only that media (by way of example, delivered only by email) or to different addresses shall be deemed rejected without further action on our part.
Only notices about copyright infringement should go to our copyright enforcement department. If you have anything else to communicate with us (like feedback, comments, requests for technical support), send us a letter at Cat Parent Association, 304 S. Jones Blvd, Suite 893, Las Vegas NV, 89107. We do not commit to responding to all inquiries.
Third Party Notices
The Service uses certain licensed third party content under various licenses.
Links to Other Sites
Our Service may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
Warranty Disclaimer
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT COMPANY WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INTERACTIONS WITH US, OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE OUR SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
EXCEPT AS AGREED IN A WRITTEN DOCUMENT EXECUTED BY AN OFFICER OF THE COMPANY, NO ACT OR OMISSION BY US SHALL OPERATE TO CHANGE THIS LIMIT ON OUR LIABILITY.
Indemnity
You agree to indemnify, defend (if we so request) and hold harmless Company and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content, your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Service.
Termination and Suspension
We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to the Service or for Products (if applicable).
Upon any termination we may delete your account, passwords and User Content and we may bar you from further use of the Service. You understand that we may also continue to make your User Content available on the Service even if your use of the Service is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.
Export Control
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Service, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
Additional Terms
Portions of the Service may be accompanied by additional terms which apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.
General Terms
These Terms of Service are governed by laws of the state of California, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Service and these Terms of Service shall be the state and federal courts located in San Francisco, California and each party hereby consents to the exclusive jurisdiction and venue of such courts. No action or communication by us, other than in a written document executed by an officer of the company, shall constitute our acceptance of another jurisdiction or venue. These Terms of Service, together with our Privacy Policy and any other legal notices we have published on the Service, constitute the entire agreement between you and us regarding this Service and your interactions with us. If a court having proper authority decides that any portion of these Terms of Service is invalid, only the part that is invalid will not apply. The rest of these Terms of Service will still be in effect. If we waive any of our rights under these Terms of Service in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Service, and any rights and licenses granted under these Terms of Service, may not be transferred or assigned by you, but may be assigned by us without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms of Service if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency. YOU AGREE THAT if you want to sue us, you must file your lawsuit within ONE year after the event that gave rise to your lawsuit. OTHERWISE, your lawsuit will be PERMANENTLY BARRED.
The Cat Parent Association (“Company” or “us” or “we”) provides products, information, communications, features and services through these websites, web pages, emails, audio/visual and textual resources and any other medium or device now known or hereafter developed (which, along with the websites, are referred to as the “Service”). These Terms of Service also exclusively govern our interactions unless and until separately agreed in a signed writing executed by an officer of Company.
By using or accessing any part of the Service, including without limitation submitting your email address on web pages, you are agreeing to these Terms of Service, our Privacy Policy and all other policies or notices posted by us on our websites.
If you don’t agree to these Terms of Service, don’t use the Service. We can change these Terms of Service at any time without any notice to you. It is your responsibility to review these Terms of Service from time to time for any changes as it creates binding legal agreement between you and Company. If you use the Service after we’ve changed any of the Terms of Service, you are agreeing to all of the changes. Again, if you do not agree, don’t use the Service.
Permission to Use the Service
You have our permission to use the Service, but only if:
you are over 13 years old;
you are using the Service for your own personal use and not for commercial purposes;
you do not copy the Service or any part of the Service;
you do not modify the Service or any part of the Service;
you follow all the rules and restrictions we’ve spelled out in these Terms of Service.
Accounts; Passwords; Security
You may need to set up an account in order to use some of the features of the Service. You may not use someone else’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
Personal Use Only
We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose.
User Content
You are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By “User Content”, we mean any Content you post to the Service. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.
Restrictions on User Content and Your Conduct
You may not:
(i) use our Service for any illegal purpose;
(ii) submit User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
(iii) forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
(iv) submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
(v) submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(vi) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(vii) impersonate anyone else or lie about your affiliation with another person or entity;
(viii) use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks;
(ix) upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else’s computer systems, or data;
(x) use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
(xi) collect or gather other people’s personal information (including account information) from our Service;
(xii) submit User Content which disparages us or our partners, vendor or affiliates; or
(xiii) solicit, for commercial purposes, any users of our Service.
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
Proprietary Rights
Company and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service and Content which is included in the Service (other than User Content). If you give feedback on the Service, for example recommendations for improvements or features, implementation of that feedback is owned by us and may becomes part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Service to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Service.
All brand, product and service names used in the Service which identify Company or our suppliers and our or their proprietary products and services are the trademarks or service marks of Company or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Company or such supplier with respect to any such image, logo or name. You agree not to disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service.
Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use our Service to infringe anyone else’s copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from our Service more than twice.
How to Communicate with Us; Proposals To Modify Terms
No communications with us shall be deemed an offer or acceptance of an offer by us unless set forth in a written document executed by an officer of the company. This includes, without limitation (a) any invitation to join our program(s), which do not constitute an offer or a guarantee of our consent to your participation; (b) any communication by you proposing payment in exchange for consideration which has not been executed by an officer of our company; and (c) any offer of settlement of any dispute.
You agree that any proposed modification to our relationship shall be delivered solely as follows:
(A) with respect to becoming a member of our programs, via electronic signature; and
(B) with respect to all other proposed modifications, in physical form sent to 1806 Belles Street Suite, 2nd Floor 7B, San Francisco CA 94129 via Federal Express. You agree that any proposed modification delivered by only that media (by way of example, delivered only by email) or to different addresses shall be deemed rejected without further action on our part.
Only notices about copyright infringement should go to our copyright enforcement department. If you have anything else to communicate with us (like feedback, comments, requests for technical support), send us a letter at Cat Parent Association, 304 S. Jones Blvd, Suite 893, Las Vegas NV, 89107. We do not commit to responding to all inquiries.
Third Party Notices
The Service uses certain licensed third party content under various licenses.
Links to Other Sites
Our Service may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
Warranty Disclaimer
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT COMPANY WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INTERACTIONS WITH US, OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE OUR SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
EXCEPT AS AGREED IN A WRITTEN DOCUMENT EXECUTED BY AN OFFICER OF THE COMPANY, NO ACT OR OMISSION BY US SHALL OPERATE TO CHANGE THIS LIMIT ON OUR LIABILITY.
Indemnity
You agree to indemnify, defend (if we so request) and hold harmless Company and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content, your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Service.
Termination and Suspension
We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to the Service or for Products (if applicable).
Upon any termination we may delete your account, passwords and User Content and we may bar you from further use of the Service. You understand that we may also continue to make your User Content available on the Service even if your use of the Service is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.
Export Control
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Service, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
Additional Terms
Portions of the Service may be accompanied by additional terms which apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.
General Terms
These Terms of Service are governed by laws of the state of California, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Service and these Terms of Service shall be the state and federal courts located in San Francisco, California and each party hereby consents to the exclusive jurisdiction and venue of such courts. No action or communication by us, other than in a written document executed by an officer of the company, shall constitute our acceptance of another jurisdiction or venue. These Terms of Service, together with our Privacy Policy and any other legal notices we have published on the Service, constitute the entire agreement between you and us regarding this Service and your interactions with us. If a court having proper authority decides that any portion of these Terms of Service is invalid, only the part that is invalid will not apply. The rest of these Terms of Service will still be in effect. If we waive any of our rights under these Terms of Service in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Service, and any rights and licenses granted under these Terms of Service, may not be transferred or assigned by you, but may be assigned by us without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms of Service if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency. YOU AGREE THAT if you want to sue us, you must file your lawsuit within ONE year after the event that gave rise to your lawsuit. OTHERWISE, your lawsuit will be PERMANENTLY BARRED.
