Effective Date: June 1, 2019
Site Visitors. The Site is only available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. the Site may, in its sole discretion, refuse to allow access to or use of the Site to any user. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You agree to comply with all laws regarding online conduct. In addition, you must abide by the Site’s policies as stated in this Agreement and other policy documents listed on the Site, as well as all other operating rules, policies and procedures that may be published from time to time on the Site, each of which is incorporated herein by reference and each of which may be updated by us from time to time without notice to you.
Several features on the Site may require registration and creation of a member account. You must keep account information up-to-date and accurate at all times, including a valid email address. You may not transfer or sell your account or User ID to any other party. You must treat your account information as confidential and personal to you. Keep your password secure. Do not provide your username or password information to any other party. You agree that you are fully responsible for any and all activity, liability, and damage resulting from your failure to maintain password confidentiality. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree to notify us immediately in the event of any unauthorized use of your password or any breach of security.
Terms of Sale. Use of the information offered on the Site may require payment of a subscription fee. Unless otherwise stated, all prices and fees are quoted in US Dollars (USD). If you elect to subscribe for our services, you shall pay all applicable fees, as described on the Site. All fees are exclusive of state and local sales or use taxes and any duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes. You agree to pay any such taxes that might be applicable to your use of the services and payments made to the Site. We reserve the right to change our prices at any time, and any such changes or modifications shall be posted on the Site and effective immediately without need for further notice to any user. Any such changes or modifications in prices and fees shall be effective when the services in question come up for renewal. You authorize us, directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information you provide. All fees relating to usage of the services are charged automatically using the payment method specified by you on file with us for your user account. Your subscription will automatically renew at the end of the subscription period unless you cancel before the end of the current subscription period. You may cancel your subscription at any time, and the services will be discontinued upon the expiration of the respective period for which you have paid. Until we receive a request from you to cancel your subscription, you acknowledge and understand that the Site will continue to charge you as long as your account remains active, regardless of whether the services are used or not. We will not refund any subscription fees already paid to us. You shall not have any claims against the Site in relation to the discontinuation of the services. All prices and fees are non-refundable unless otherwise expressly noted, even if the services are suspended or terminated prior to the end of a payment term. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligations hereunder and your use of the services will be automatically terminated. If you have any questions concerning your order, please contact us using the contact information available on the Site.
Idea Submissions. We consider any unsolicited suggestions, ideas, proposals or other material submitted to it by users (“Material”) to be non-confidential and non-proprietary, and we shall not be liable for the disclosure or use of such Material. Any communication by you to us is subject to this Agreement. You hereby grant and agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Resolution of Disputes and Release. In the event a dispute arises between you and us, please contact us. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Santa Barbara County, California. You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and we agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We encourage users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Intellectual Property. Unless otherwise noted, all of the text, information, data, graphics, photographs, images, illustrations, animations, software, audio, video, and all other content on the Site (collectively, the “Content”) is subject to the copyright and other intellectual property rights that we possess. All Content on the Site is our sole property. You agree not to engage in any use of the Content other than as expressly permitted by the Site.
This Agreement does not grant you any license or right to use the information displayed on this website for any purpose, whether for commercial or non-commercial use except as expressly permitted by the Site.
Access and Interference. We do not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control. You agree that you will not: (i) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any user Content (except for your Content) without our prior express written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass the Site’s robot exclusion headers or other measures the Site may use to prevent or restrict access to the Site.
Breach. Without limiting any other remedies, we may, without notice, and without refunding any fees, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if the Site suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents or guidelines listed on the Site; the Site is unable to verify or authenticate any of your personal information or Content; or the Site believes that a user is acting inconsistently with the letter or spirit of the Site’s policies, has engaged in improper or fraudulent activity in connection with the Site or the actions may cause legal liability or financial loss to the Site’s users or to the Site.
Disclaimer of Warranties. The Site makes no representations or warranties as to your use of the Site and the services and assumes no liability or responsibility for the accuracy, or any error or omission, in the Content. We do not represent or warrant that use of the Service by you will not infringe rights of third parties. Third parties may provide some of the content available on the Site. the Site does not guarantee the accuracy, integrity, or quality of the content provided by third parties. Neither we, nor any of our affiliates, or any of our employees, agents, content providers or licensors, make any representation or warranty of any kind regarding the Site or the Site content whatsoever.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS PROVIDE THE SITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit. IN NO EVENT SHALL WE, AND (AS APPLICABLE) OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, OUR SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR OTHER COMPANY POLICY DOCUMENTS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Choice of Law. This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Survival. Any and all provisions in this Agreement relating to fees, service, content, licensing, information control, dispute resolution, our intellectual property, data access and site interference, breach of the Agreement, privacy, warranty, limitation of liability, severability, the relationship(s) between and among the Site, Site users, and third parties, and choice of law, survive any termination or expiration of this Agreement.
Notices. Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org or, in your case, to the email address you provide to the Site. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Site. In such case, notice shall be deemed given three days after the date of mailing.
Types of Information Collected. We may collect certain personally identifiable information that you voluntarily provide to us when you purchase products, create an account, and/or contact us for customer service purposes. The types of information that may be collected include name, address, email address, telephone number, country of origin, and, as applicable, billing information. Other voluntarily provided information may include testimonials, product descriptions and/or reviews, and information provided when you participate in sweepstakes or contests, message boards and chat rooms, and/or other interactive areas of the Site.You provide certain personally identifiable information to us when you register your email address with us for mailing list or other Site services and/or when you send email messages, submit forms, or transmit other information. If you correspond with us via email, we may retain the content of your email messages, your email address, and our responses. If you pose questions about the services, we may incorporate those questions onto an FAQ page.
We may also collect and/or our content server may collect certain non-personally identifiable information from your browser when you visit the Site, such as your IP address, cookies, and data about which pages you visit on the Site. This information helps us to administer the Site, analyze problems our servers or software, and to gather demographic information.
How We Use the Information. We use the information you submit to operate, maintain, and provide the features and functionality of the Site or otherwise in connection with our business in relation to the Site. If you provide an email address, it may be used to send you information, company news, updates, and/or related product or service information. You may unsubscribe from emails at any time by contacting us using the information provided on the Site. Any information you voluntarily submit for posting to the Site (for example, if you submit a testimonial or a question that would be appropriate for an FAQ) becomes available to the public. Even if you remove the content, copies may remain viewable in cached or archived pages if other users have copied or stored your content.At this time, we do not sell or disclose your personally identifiable information to third parties. However, this policy may change and information may be disclosed in the event of bankruptcy, merger, or acquisition. Further, we may be required by law enforcement or judicial authorities to provide personal information to the appropriate governmental authorities. We will disclose personal information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
Children’s Privacy. The Site is in no way directed at or intended for children and/or any persons under the age of 18. As such, we do not knowingly collect personal information from children under 13 years of age without the prior, verifiable consent of a parent or legal representative. Website visitors may be asked to provide their date of birth or a parent’s email address as a verification mechanism. If we become aware that a child has posted any personal information on our website, we will remove the content.