ACCESS TO THIS SITE
YOU MUST BE TWENTY-ONE (21) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER TWENTY- ONE (21) YEARS OF AGE, YOU ARE NOT SANCTIONED TO ACCESS THIS WEBSITE FOR ANY REASON.
To get to this site or a portion of the assets it brings to the table, you might be requested to give certain enlistment points of interest or other data. It is a state of your use of this site all the data you provide on this site will be veridical, current, and consummate. On the off chance that our Company trusts the information you give is not veridical, current, or consummate, we have the privilege to take away your access to this site or any of its assets and to end or suspend your entrance whenever without notice.
CONFINEMENTS ON USE
This site might hyperlink to different locales which are not kept up by, or related to, our Company. Hyperlinks to such destinations are given as a convenience to clients and are not supported by or associated with this site or our Company. Our Company has not explored any or all of such destinations and is not in charge of the substance of those locales. The client visits hyperlinks at their risk, and our Company makes no portrayals or guarantees about the content, entirety or accuracy of these hyperlinks or the locales hyperlinked to this site. Further, the consideration of any hyperlink to an outside site does not compulsorily implicatively imply support by our Company of that site.
You thus give to our Company the sovereignty free, interminable, unavoidable, ecumenical, non-privilege and permit to use, duplicate, change, adapt, distribute, decipher, induce subsidiary works from, convey, perform, and show every single substance, comment, proposals, originations, illustrations, or other data imparted to our Company through this site (together, hereinafter referred to as the “Submission”), and to fuse any Submission in different works in any shape, media, or innovation now created or later created. Our Company won’t be required to regard any Submission as secret. Our company may use any Submission in its business (counting without circumscription, for items or promoting) without causing any obligation for sovereignties or whatever other thought of any sort, and won’t bring about any risk accordingly of any similar properties that may show up in future Company operations.
You comprehend that our Company can’t and does not ensure or warrant that documents accessible for downloading from the Internet will be free of infections, worms, Trojans or other code that may show tainting or destructive properties. You are in charge of actualizing adequate strategies and checkpoints to fulfill your specific prerequisites for the precision of information info and yield, and for keeping up methods outside to this site for the recreation of any lost information. Our Company does not accept any accountability or hazard for your utilization of the Internet.
The Content is not total and exceptional and ought not to be utilized to supplant any composed reports, proclamations, or notification given by Company. Speculators, borrowers, and different people ought to use the Content in an equal way from whatever other instructive medium and ought not to depend on the Content to the rejection of their expert judgment. Data acquired by utilizing this site is not thorough and does not cover all issues, points, or realities that might be pertinent to your objectives.
YOUR USE OF THIS SITE IS AT YOUR RISK. The Content is “as may be” and without guarantees of any sort, either communicated or inferred. Our Company disavows all guarantees, including any suggested guarantees of merchantability, wellness for a particular reason, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the capacities OR CONTENT contained in this site will be continuous or mistake free or that this site or the server that makes it accessible are free of infections or other destructive segments. Our Company does not warrant or make any portrayal on utilizing, or the consequence of utilization, of the substance as far as precision, consistent quality, or something else. The content may incorporate specialized mistakes or typographical blunders, and Company may roll out improvements or enhancements whenever. You, and not our Company, expect the whole cost of all adjustment, repair or redress IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
The majority of the data on this site talks just as of the date that we post information on this site. The company does not embrace any commitment to refresh such data after we present it or on expel such data from this site on the off chance that it is not, or is never again, exact or finish.
LIMITATION ON LIABILITY
The Organization, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, unique, EXEMPLARY, OR OTHER DAMAGES. THESE TERMS INCLUDE LOSS OF REVENUE OR INCOME, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
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INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this site any material that:
you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
includes MP3 format files;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
YOU AND Terp 8 AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not prevent parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
However, we agree that if your claim is small enough that the law allows you to file it in a small claims court, you may do so instead of submitting to binding arbitration. We will submit to binding arbitration in any event.
YOU AND Terp 8 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND Terp 8 AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If a court refuses to enforce the waiver of class-wide arbitration, this entire arbitration provision shall be unenforceable and any claims brought on behalf of a putative class will proceed in court.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding.
In any arbitration arising out of or related to this agreement, there shall be no interrogatories or requests to admit.
IN ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ARBITRATOR(S) ARE NOT EMPOWERED TO AWARD PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT WHERE PERMITTED BY STATUTE, AND THE PARTIES WAIVE ANY RIGHT TO RECOVER ANY SUCH DAMAGES. THE ARBITRATOR(S) MAY NOT AWARD ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS.
As stated in this Terms of Service, California law governs this entire agreement, but the parties acknowledge that this agreement evidences a transaction involving interstate commerce, and that notwithstanding, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act.