SKATEYOGI Terms of Use
Effective as of May 30, 2018
TERMS OF USE
Welcome to the SKATEYOGI website, www.skateyogi.com (the “SKATEYOGI Website”), owned and operated by SKATEYOGI LLC (“SKATEYOGI”, “Company”, “we”, “us” and/or “our”). This Terms of Use governs your use of the SKATEYOGI Website and our services, applications, content and products (collectively, the “Site”). Please review these Terms of Use carefully because your use of the Site constitutes your agreement to follow and be bound by this Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted by us. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”) is the property of SKATEYOGI or that of our suppliers or licensors and is protected by patent, trademark and/or copyright laws. Except as otherwise provided on the Site or in these Terms of Use, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from the Site in whole or in part, for any public or commercial purpose without the prior written permission of SKATEYOGI. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site solely for your personal, noncommercial use as described herein.
We reserve the right, for any reason or for no reason, in our sole discretion, and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
PRIVACY POLICY
SKATEYOGI respects the privacy of its users. Please refer to our Privacy Policy located at www.skateyogi.com/privacy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you signify your agreement to our Privacy Policy.
PROHIBITED CONDUCT
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, including viewing the Site, purchasing merchandise, and providing information to the Site. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site.
Users may, but are not required to, create a personalized account which includes a unique username and a password to access the Site and to receive messages from us. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.
Your permission to use the Site is conditioned upon the following usage and conduct restrictions. You agree that you will not use the Site to engage in any of the following:
PURCHASE RESTRICTIONS
We may choose to place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We may restrict, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy, and we further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice.
PRODUCT AND PRICING INFORMATION
We make every effort to display our products as accurately as possible, but the displayed colors of the products depend upon the user’s monitor, and we cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and the prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.
USER CONTENT
When you create your own personalized account, you may be able to provide user-generated content and material, including but not limited to video, images, information, ideas, data, text, software, music, sound, photographs, graphics, messages and other materials (“User Content”). You are solely responsible for the User Content you post, upload, link to or otherwise make available via the Site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We reserve the right to remove any User Content from the Site in our sole discretion.
By transmitting and submitting any User Content while using the Site, you agree that:
You understand and agree that any liability, loss or damage that occurs as a result of the user of any User Content that you make available or access through your use of the Site is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by SKATEYOGI, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than us. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Site. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
Although we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or these Terms of Use or which might be offensive, or what might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Site, please contact us at [email protected].
LINKS TO OTHER SITES AND MATERIALS
As part of the Site, we may provide you with convenient links to third-party websites (“Third Party Sites”) as well as content or items belonging to or originating from third parties (“Third Party Applications, Software or Content”). These links are provided as a courtesy to Site users. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting th use of installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by SKATEYOGI. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
LICENSE GRANT
By posting any User Content on the Site, you expressly grant, and you represent and warrant that you have the right to grant, to SKATEYOGI, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Terms of Use.
CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (i) consent to receive communications from SKATEYOGI in an electronic form via the email address you have submitted to us; and (ii) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy a legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about SKATEYOGI and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected]. Opting out may prevent you from receiving messages regarding the Company or special offers.
WARRANTY DISCLAIMER
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS,” without any warranty of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEEMNTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, REGARDING INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SEURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HERE IN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold the Company, its directors, officers, employees, agents and affiliates harmless from any and all third-party claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, relating to or in connection with your use of the Site, your violation of these Terms of Use, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
MODIFICATION AND AMENDMENT
We can modify or amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. If we make any changes, we will notify you by revising the “effective” date at the top of these Terms of use. It is your sole responsibility to check the Site from time to time to view any such changes. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. We will notify you of any material changes to these Terms of Use by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms of Use by the Company via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of these Terms of Use shall be held invalid or unenforceable, that portion will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of laws provisions.
Any claim or cause of action you may have with respect to the Company or the Site must be commenced within one (1) year after the claim or cause of action accrues. Otherwise, such cause of action is permanently barred.
The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THESE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJET MATTER OF THIS AGREEMENT.
TERMS OF USE
Welcome to the SKATEYOGI website, www.skateyogi.com (the “SKATEYOGI Website”), owned and operated by SKATEYOGI LLC (“SKATEYOGI”, “Company”, “we”, “us” and/or “our”). This Terms of Use governs your use of the SKATEYOGI Website and our services, applications, content and products (collectively, the “Site”). Please review these Terms of Use carefully because your use of the Site constitutes your agreement to follow and be bound by this Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted by us. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”) is the property of SKATEYOGI or that of our suppliers or licensors and is protected by patent, trademark and/or copyright laws. Except as otherwise provided on the Site or in these Terms of Use, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from the Site in whole or in part, for any public or commercial purpose without the prior written permission of SKATEYOGI. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site solely for your personal, noncommercial use as described herein.
We reserve the right, for any reason or for no reason, in our sole discretion, and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
PRIVACY POLICY
SKATEYOGI respects the privacy of its users. Please refer to our Privacy Policy located at www.skateyogi.com/privacy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you signify your agreement to our Privacy Policy.
PROHIBITED CONDUCT
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, including viewing the Site, purchasing merchandise, and providing information to the Site. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site.
Users may, but are not required to, create a personalized account which includes a unique username and a password to access the Site and to receive messages from us. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.
Your permission to use the Site is conditioned upon the following usage and conduct restrictions. You agree that you will not use the Site to engage in any of the following:
- Post information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Use the Site for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or harass, abuse or harm another person or group;
- Use another user’s account without permission;
- Provide false or inaccurate information when registering an account;
- Interfere or attempt to interfere with the proper functioning of the Site;
- Make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we may take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; or
- Publish or link to malicious content intended to damage or disrupt another user’s browser or computer
PURCHASE RESTRICTIONS
We may choose to place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We may restrict, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy, and we further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice.
PRODUCT AND PRICING INFORMATION
We make every effort to display our products as accurately as possible, but the displayed colors of the products depend upon the user’s monitor, and we cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and the prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.
USER CONTENT
When you create your own personalized account, you may be able to provide user-generated content and material, including but not limited to video, images, information, ideas, data, text, software, music, sound, photographs, graphics, messages and other materials (“User Content”). You are solely responsible for the User Content you post, upload, link to or otherwise make available via the Site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We reserve the right to remove any User Content from the Site in our sole discretion.
By transmitting and submitting any User Content while using the Site, you agree that:
- You are solely responsible for your account and the activity that occurs while signed into or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity or trade secret, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm that we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the user of any User Content that you make available or access through your use of the Site is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by SKATEYOGI, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than us. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Site. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
Although we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or these Terms of Use or which might be offensive, or what might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Site, please contact us at [email protected].
LINKS TO OTHER SITES AND MATERIALS
As part of the Site, we may provide you with convenient links to third-party websites (“Third Party Sites”) as well as content or items belonging to or originating from third parties (“Third Party Applications, Software or Content”). These links are provided as a courtesy to Site users. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting th use of installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by SKATEYOGI. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
LICENSE GRANT
By posting any User Content on the Site, you expressly grant, and you represent and warrant that you have the right to grant, to SKATEYOGI, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Terms of Use.
CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (i) consent to receive communications from SKATEYOGI in an electronic form via the email address you have submitted to us; and (ii) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy a legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about SKATEYOGI and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected]. Opting out may prevent you from receiving messages regarding the Company or special offers.
WARRANTY DISCLAIMER
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS,” without any warranty of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEEMNTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, REGARDING INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SEURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HERE IN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold the Company, its directors, officers, employees, agents and affiliates harmless from any and all third-party claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, relating to or in connection with your use of the Site, your violation of these Terms of Use, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
MODIFICATION AND AMENDMENT
We can modify or amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. If we make any changes, we will notify you by revising the “effective” date at the top of these Terms of use. It is your sole responsibility to check the Site from time to time to view any such changes. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. We will notify you of any material changes to these Terms of Use by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms of Use by the Company via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of these Terms of Use shall be held invalid or unenforceable, that portion will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of laws provisions.
Any claim or cause of action you may have with respect to the Company or the Site must be commenced within one (1) year after the claim or cause of action accrues. Otherwise, such cause of action is permanently barred.
The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THESE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJET MATTER OF THIS AGREEMENT.