Last Updated: September 9th, 2021
Artiphon’s website and/or mobile application are owned or operated by Artiphon, Inc. and/or its subsidiaries or affiliates (collectively, referred to herein as “Artiphon,” "we," "us," or "our").
Certain content or areas of the Site, and certain features, products, services or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. When you decide to enter a contest, sweepstakes or similar promotion or offer, we may present additional terms and conditions for the promotion or offer to you. In addition, some content or areas of the Site may be hosted or provided by our third-party host or service providers and are subject to additional terms and conditions of use, which are posted within those areas or on such third parties’ websites.
If your usage includes access to areas containing premium content or services, your access to or use of such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas, as well as the terms and conditions described in the section titled ‘Payments’ below.
Use of Our Site
Certain areas of the Site provide a place for Users to interact with other Users order products or services by such Users. However, Artiphon does not provide any such User services, and is not an agent or representative for any User. Therefore, Artiphon has no control over any User’s activity on the Site, including interactions between Users, and does not make any representations regarding the quality, accuracy or safety of any products or services being provided by a User, or the activities or transactions between Users.
You acknowledge that the Site is a neutral venue and not a broker, and you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Artiphon shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Rules of Conduct
There are rules of conduct that all Users are required to follow when using the Site. You must not:
- ‘harvest,’ ‘scrape’ or collect information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on or through the Site.
- use unauthorized automated means to access the Site, or otherwise gain unauthorized access to the Site or to any account or computer system connected to the Site.
- "stream catch" (download, store or transmit copies of streamed content).
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
- "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems (e.g., perform a Denial of Service attack).
- circumvent or reverse engineer the Site or its systems (including without limitation, engage in any tactics, or direct or encourage others to engage in any tactics that attempt to circumvent the Site, its marketplace or systems to book services, events, or reservations outside of the Site, its marketplace or systems, including any tactics that are designed to avoid paying required fees to Artiphon).
- restrict or inhibit another User or Users from using and enjoying the Site.
- manipulate or forge identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees.
- impersonate any person, including, but not limited to, other community members or our employees.
- engage in or promote spamming, chain letters or other unsolicited communications.
- provide inaccurate, misleading or false information to us.
- post any content or take any action that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal.
- post any content or take any action that seeks to harm or exploit children by exposing them to inappropriate content or behavior, asking for personally identifiable details or otherwise.
- post any content or take any action that contains any information, content or behavior that is vulgar, sexual, obscene, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise harmful (to Artiphon or any Users).
- post any content or take any action that contains any information that you know is not correct or current.
- post any content or take any action that is fraudulent, unlawful, threatening or harassing.
- post any content or take any action that contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty or operation of law.
- post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the Site.
- “farm” out leads (e.g., transferring user leads to non-Artiphon vendors and entities or outside the Artiphon in any way), or utilize leads sent to other Artiphon vendors but not sent to you.
- post any content or take any action that contains or distributes any virus, malware, spyware or other malicious or harmful content or code.
- post any content or take any other action that violates any law, rule or regulation, or contains any information or content that is illegal or encourages criminal or other unlawful conduct.
You also must comply with all applicable laws and contractual obligations when you use the Site. You agree that you are not (i) located in, under the control of, or a national or resident of any country (a) subject to a United States (“U.S.”) government embargo, (b) that the U.S. government has identified as a "Specially Designated National" or “terrorist supporting” country or (c) on the U.S. Commerce Department's Table of Deny Orders, or (ii) listed on any U.S. government list of prohibited or restricted parties. Membership in, and use of, the Site is void where prohibited.
Ownership of Site Content and Submissions
You may choose, or we may invite you, to submit comments or ideas about the Sites and our other products and services, including without limitation about how to improve the Sites or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Artiphon under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation or any other obligation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Idea, Artiphon does not waive any rights to use similar or related ideas previously known to Artiphon, developed by its employees, or obtained from sources other than you.
Responsibility for Postings and Content
Responsibility for what is posted on the Site lies with each User – you alone are responsible for the material you post or otherwise make available on the Site. You alone are responsible for assessing the credibility of other User postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user posts and we are not responsible for their accuracy or legality.
Registration and Log-in
To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for us to suspend or terminate your account and refuse you service in the future. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
If you are a business or other entity and experience a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all User reviews and other Site Content previously associated with such account.
Billing Policies: You are responsible for paying any and all applicable fees as set forth in any agreement entered into (i) through the Site (including for any mobile application or goods or services provided by a User to another User (a “User Provided Service”)) or (ii) if applicable, by clicking through to another digital property or mobile application (including through the Apple App Store) that requires payment, and applicable taxes associated with the Site in a timely manner with a valid payment method.
Charges on Your Account: You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any taxes imposed on your use of the Site or any services contained therein (including for any User Provided Service), including, but not limited to, sales, use or value-added taxes. To the extent Artiphon is obligated to collect such taxes, the applicable tax will be added to your billing account.
Authorization; Payment Processing: You expressly authorize Artiphon (including through a third-party payment processor, as described below) to debit or credit any monies from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Site; provided, however, that such notice will not affect charges submitted before Artiphon could reasonably act. The vendor shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees.
Automatic Renewal (“Auto-Renew”)
To the extent Artiphon offers Users any memberships or similar features, such memberships may renew automatically for successive periods unless otherwise agreed to in writing or prohibited by applicable law. Without limiting the foregoing, if you sign up, upgrade or renew your membership, you are automatically entered into our auto-renew program unless otherwise specified in the applicable terms or agreement. This means that, unless otherwise specified in the applicable terms or agreement, we will charge your selected payment method at the start of each new membership term and during the membership term or prohibited by applicable law. In order to avoid billing of fees for the renewal term to your selected payment method, you must cancel your membership before it renews as indicated in the applicable terms or agreement.
You may cancel your membership by contacting Artiphon at firstname.lastname@example.org. If you are enrolled in a monthly or other periodic payment plan and you decide to cancel during the membership period, you acknowledge and agree that, unless otherwise agreed in writing, you may continue to be billed on a monthly or other applicable periodic basis until your originally scheduled membership expiration date.
Coupons & Discounts
We may allow you to receive promotional coupons (“Coupons”), or other promotions or discounts (“Discounts”) that may be used to purchase goods and services from us or third parties (“Coupon Vendors”). Additional terms and conditions may be contained on each Coupon or Discount. Any violation of the terms and conditions will make the Coupon or Discount void. We are not responsible for lost or stolen Coupons. Coupons or Discounts are not redeemable for cash. Only one Coupon or Discount per redemption. A Coupon or Discount is automatically void if prohibited by law. A Coupon or Discount may not be used for alcohol, tips, taxes, and any other statutory limitations. You acknowledge and agree that we may stop (permanently or temporarily) providing the Coupons or Discounts to you or to users generally at our sole discretion, without prior notice to you.
Downloading from the Apple App Store
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Mobile Application. In the event of any failure of the Apple Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Apple Mobile Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Mobile Application. As between Artiphon and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Artiphon.
If you have any questions, complaints or claims with respect to the Apple Mobile Application, please contact us at email@example.com.
The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice to firstname.lastname@example.org in accordance with the requirements set out at https://www.artiphon.com/copyright. We have a policy of terminating the Site usage privileges of users that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at our discretion.
Changes to the Site
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
We control and operate the Site from our facilities in the United States of America and, unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates, to the extent permitted under applicable law. Use of the Site is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. We do not represent that materials on the Site are appropriate or available for use in other locations; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any and all local, State or federal laws applicable to their use of the Site and the products and services offered on the Site.
Applicable Law; No Waiver; Severability
Exclusions from Arbitration
YOU AND WE AGREE THAT ANY CLAIM FILED BY EITHER PARTY IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION (so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis). WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO ARTIPHON, INC., ATTENTION: CEO, 1305 Clinton St., Suite 200, Nashville, TN 37203, BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT INFORMATION, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Notice of Dispute; Negotiation
IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO ARTIPHON, INC., ATTENTION: CEO, AT THE ADDRESS ABOVE TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.
You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If we do not resolve your Dispute within sixty (60) days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.
Initiation of Arbitration Proceeding
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, User must send a letter requesting arbitration and describing User’s claim to Artiphon, Inc., Attention: CEO, 1305 Clinton St., Suite 200, Nashville, TN 37203. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.
Qualifying Disputes will be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. For more information on JAMS, its rules and procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com. If JAMS is not available to arbitrate, the parties shall select an alternative arbitral forum.
Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction. The arbitration will be conducted in English.
You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this Section govern in the event they conflict with the rules of JAMS.
Location of Arbitration
The arbitration proceedings shall be held in Nashville, Tennessee, unless you can demonstrate that arbitration in Davidson County (Nashville) would create an undue burden to you. If you can demonstrate that arbitration in Davidson County (Nashville) would create an undue burden to you, we may allow you to initiate the arbitration in your home state.
Class Action Waiver
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE SPECIFICALLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, the Dispute will be decided by a court, and you and we each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Disclaimer of Warranties
THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE SITE, ITS CONTENT AND ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE PROVIDED, DISPLAYED OR GENERATED, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
- THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
- THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
- THE INFORMATION ON THE SITE (INCLUDING PRICING) WILL BE ACCURATE OR UP-TO-DATE,
- THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
- INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR
- THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN ANY LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES, AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
EXCEPT AS EXPRESSLY PROVIDED IN OUR REFUND/LIMITED WARRANTY POLICY FOR ARTIPHON PRODUCTS, WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, PROVIDED IN OUR REFUND/LIMITED WARRANTY POLICY FOR ARTIPHON PRODUCTS, IF APPLICABLE, OR AS OTHERWISE EXPRESSLY SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, OR FROM ANOTHER USER ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP TO DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
SOME JURISDICTIONS, INCLUDING NEW JERSEY, HAVE LAWS THAT MAY APPLY TO PRODUCTS AND SERVICES OFFERED ON THE SITE AND THAT DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT HEREIN IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
Limitations of Liability
IN NO EVENT WILL WE OR ANY OF OUR SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE LESSER OF THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
If you are a California resident, you waive California Civil Code §1542, which states that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” For avoidance of doubt, any disputes directly with us shall be handled in accordance with these Terms.
FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF THE COMPANY.