Last Updated: May 17, 2019
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES OR MOBILE APPLICATIONS. USING THE SERVICES IN ANY WAY INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR ANY OTHER PART OF THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
You acknowledge that we may modify these Terms at any time without notice to you by posting a revised Terms on the Site and your continued use of the Site constitutes your binding acceptance of these Terms, including all modifications. If you object to any such modifications, your sole recourse shall be to cease all use of the Services.
Communications and Newsletters
You understand and agree that the Services may include communications such as service announcements and administrative messages from us. You will not be able to opt out of receiving these service announcements and administrative messages while using the Site and Services until you send us a written notice requesting deletion of your account from the Site. Contrary to service announcements and administrative messages, you may opt in or out of our newsletters and/or other promotional communications at any time from your account dashboard or by contacting us in writing.
Intellectual Property Rights
We own (or otherwise have valid licenses to) all rights, title and interests, including all intellectual property rights, in and to the Site and the Services, the software, materials and other related content (excluding Your Content), and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Site or the Services. In addition, all content published on the Site, including, but not limited to, reports, presentations, written content, graphics, images, marks, logos, sound or video clips, and animation, are protected by copyrights or trademarks or other intellectual property rights as provided under different jurisdictions. The Site also features trademarks, service marks, and logos that are the property of us and/or our affiliates, suppliers, partners. The Site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner.
Except as expressly granted in these Terms, you agree not to use any of our Site’s intellectual property, including but not limited to those enumerated in the preceding paragraph, without our prior written approval. All rights not expressly granted herein are reserved.
We hereby grant you a limited, personal, non-exclusive, revocable and non-transferable license to use the Materials as follows (the “Permitted Purpose”): (i) if you are using the materials as an individual for home use, homeschooling, or caregiving, the Materials are licensed to you for your personal, noncommercial, use only; (ii) if you are using the Materials in your capacity as a teacher or on behalf of a school or other Organization, the Materials are licensed to you for use by you and your students. No Materials may be shared in any manner except as stated above. Your right to use the Materials is conditioned on your compliance with these Terms (including the payment of any applicable fees). Except as expressly permitted in the foregoing license grant and the Mobile Applications section below, you have no rights in our Services or any part thereof and you may not modify, edit, copy, reproduce, redistribute, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website, Materials or Services in any manner. If you make copies of any part of the Materials while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Materials or the applicable Service. You may only use such copies in connection with your use of the Services. You may not share your account or account information with any other individual unless otherwise permitted by the terms of such account. UNDER NO CIRCUMSTANCES MAY MATERIALS BE DISPLAYED ON OTHER WEBSITES OR IN PRINTED PUBLICATIONS OR SHARED WITH ANY INDIVIDUALS, SCHOOLS OR ORGANIZATIONS NOT LICENSED TO USE THEM.
Service Plans and Payments
You shall choose a subscription level and term as offered by us on our Site. You agree to pay all applicable fees related to your use of the Services. All fees are based on services purchased, regardless of actual usage. We may suspend or terminate your paid account and/or access to our paid Services if your payment is late and/or your offered payment method (e.g., credit card, PayPal, etc.) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on your payment method at regular intervals as well as any taxes and other charges incurred in connection with your account, all of which depend on your particular subscription and utilized Services. You shall be given access to only the specific portions of the Site and Services and for the chosen term relating to the respective level of Services chosen. Subscriptions and the rights and privileges provided to you as a subscriber are personal and non-transferable. We reserve the right to change prices for Subscriptions at any time, and do not provide price protection or refunds in the event of promotions or price decreases. Non-renewal or cancellation of your paid subscription will cause your account to revert to a free account.
All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.
All prices are displayed in US dollars. We do not convert the total price of orders into other currencies. We will bill your credit or debit card or PayPal account in US dollars and the card company or PayPal will convert the charges for you, including any exchange rate or transactional fees charges by such company. If you have any questions about currency conversions, please contact your bank or financial institution.
IMPORTANT NOTICE: You may cancel your subscription at any time. After cancellation, we will discontinue billing for this particular subscription but it is your sole responsibility to completely and fully cancel this payment cycle with your credit card or Paypal accounts. Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your subscription on each monthly or yearly (depending on the subscription plan you have chosen) anniversary of the date that you signed up for the paid subscription at the full rate then offered by us for the identical term and level as the preceding purchased plan.
You acknowledge that we may alter the Materials and Services and/or we may choose to modify, suspend or discontinue any part of the Services at any time with or without notifying you. You also acknowledge that we do not guarantee a certain uptime that the Site or Services for any plan, whether paid or not.
From time to time, we may offer you a lifetime plan. Notwithstanding anything else to the contrary in these Terms or throughout the website, you agree that the lifetime plan grants you access only to the identified services available at the time of your purchase and only for as long as those services are continually offered by us. You agree that all products and services, materials, availability, and pricing are subject to change at any time with or without notice and that you shall not assign your rights under these Terms and/or your rights to any services to a third party without prior consent from us. You further acknowledge that we make no warranties or representations that any of the services purchased are continually offered for any period of time, including for lifetime plans. Please fully read the terms and disclaimers accompanying any products or services that you order through the website prior to ordering.
From time to time, we may make Mobile Applications available that enable access the Services via a mobile device. To use the Mobile Applications, you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to download and use object code copies of the Mobile Application and install such copies on mobile device owned or leased solely by you, for your personal use in connection with your subscription to the Services. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party wes or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and Little Chinese Readers only, and not with Apple, Inc. (“Apple”).
- Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that we, and not Apple, are responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and Little Chinese Readers only, and not with Google, Inc. (“Google”).
- Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.
With respect to any student personally identifiable information (“Student PII”) collected or processed by Little Chinese Readers on behalf of an educational institution (a “School”) that is subject to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its promulgating regulations, 34 CFR Part 99 (collectively, “FERPA”), Little Chinese Readers will:
- Maintain reasonable security measures to protect Student PII data
Notwithstanding the above, Little Chinese Readers may use (and disclose) anonymous, de-identified and/or aggregate data derived from the Services, provided such data does not identify any Student. School is responsible for ensuring that the collection, use, disclosure and processing of Student PII as part of the Services complies with applicable law (including but not limited to FERPA) and any other applicable legal or contractual restrictions, and School further represents and warrants that it will not direct or engage Little Chinese Readers to collect, use, disclose or otherwise process Student PII in a manner that would violate applicable law or any other legal or contractual restrictions applicable to School.
Certain areas of the Services may permit you to submit feedback, information, data, text, images, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you are promising us that:
- You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
- Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. You understand that when using the Services, you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.
We appreciate you visiting our Site. You need not register an account to visit parts of the Site. However, in order to access certain password-restricted areas of the Site, to use certain services, or to access certain Materials, you must register an account with us. Once you submit the required registration information, we have the sole discretion to determine whether or not to approve your proposed account. If approved, you will be permitted to log in to your account with your password. We may also provide you with the ability to register for an account using your existing account and log-in credentials from third-party sites and services such as Google, Facebook, or Twitter. By using such third-party account and/or credentials you are consenting to our retention and use, and such third-party site’s disclosure, of the account, credentials and other populated profile information that you submit.
For so long as you use your Little Chinese Readers account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You also agree to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Services. Should you believe your password or security for any of the Services has been breached in any way, you must immediately notify us.
While we make every reasonable effort to protect our servers and your data against loss and unauthorized access, you acknowledge that the Internet is not a 100% secure environment and thus we cannot guarantee the security of your information as there is always a risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet may be intercepted. You agree that we shall have no responsibility for any losses or damages that do not arise solely from our intentional misconduct, including but not limited to losses or damages arising from any third party access of your account resulting from theft, misappropriation, or other illegal access of your personal information.
To be clear, we authorize your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services.
You will be responsible for all activity occurring under your account and will comply with all applicable local, state, and foreign laws, treaties and regulations in connection with your use of the Services, including without limitation, laws and regulations governing data privacy, international communications and transmission of technical or personal data.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. Unpermitted uses include but are not limited to activities that
- Modify, publicly display, publicly perform, reproduce or distribute any of the Services or Materials for any commercial purpose that competes with our Services in any way;
- Violate any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- Stalk, harass, or harm another individual;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt the Services or servers or networks connected to any of the Services;
- Use any data mining, robots, or similar data gathering or extraction methods in connection with the Services;
- Attempt to gain unauthorized access to any portion of the Services, Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means;
- Access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
- Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer or our Site;
- Advertise or offer to sell any goods or services for any commercial purpose without our prior written consent;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, chain letters or other unsolicited messages;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any area within the Site;
- Probe, scan or test the vulnerability of the Site or circumvent any security mechanism used by the Site;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; or
- Collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations.
If you are younger than 18 (a “Minor”), you must have the consent of your parent or legal guardian and receive your parent’s or legal guardian’s permission to use the Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree that you are solely responsible for monitoring and supervising such Minor’s use of the Services and to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.
From time to time, we may provide links to third party websites on the Site. If you use these links, you will leave our Services. We are not obligated to review any third-party websites linked to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow you to interact and/or conduct transactions with one or more third-party websites or services, and, if applicable, allow you to configure your privacy settings in that third-party account to permit your activities on the Services to be shared with your contacts in your third-party site account.
We welcome links to the homepage of our website. You are free to establish a hypertext link to our Site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by us. We do not permit framing or inline linking to our website or any portion of it.
Intellectual Property Infringement
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of our Services, please provide written notice to our agent for notice of claims of infringement:
Little Chinese Readers
PO Box 4088
Rockville, MD 20849
Email: [email protected]
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
We may immediately terminate or suspend your use of the Services provided hereunder, or terminate your account and these Terms if you (i) fail to pay any applicable fees when due, or (ii) breach or otherwise fail to comply with these Terms. Upon termination by us as a result of your breach, negligence or default, we will have no obligation to refund to you any fees paid by you prior to such termination.
You agree to defend and indemnify us from any losses arising from any third party claim arising out of your use of the Site and/or Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by your, unless your accounts have been misappropriated by a third party without your fault or prior knowledge, any content that You submits to the Site; or your breach of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Warranty and Disclaimers
THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND THE ENTIRE RISK AS TO THE USE OF THE SERVICES AND MATERIALS IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SERVICES AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES OR MATERIALS, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, SUPPLIERS OR PARTNERS WILL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, IN CONNECTION WITH OR ARISING OUT OF THE SERVICES OR THE SITE, ITS SOFTWARE, CONTENT OR OTHER MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA OR OTHER INTANGIBLE LOSSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, SUPPLIERS AND PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES THAT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO US FOR THE SERVICES.
SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY AND THAT OF OUR AFFILIATES, SUPPLIERS AND PARTNERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Any dispute arising out of or relating to these Terms or the Site that cannot be amicably resolved between us within 60 days from written notice from one party to the other will be finally settled by arbitration. Acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury, except that we may, at any time, bring an action in a court of competent jurisdiction with respect to any dispute affecting our intellectual property rights whether statutory or contractual.
The arbitration will be conducted in accordance with the commercial arbitration rules (the “Rules”) of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in a location of our choosing and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator selected under the Rules must be a lawyer. The arbitrator has no authority to award damages in excess of those permitted in these Terms for any reason. Any award in excess of such limitation will be deemed void as between the parties. Either you or us may seek any interim or preliminary equitable relief from a court of competent jurisdiction necessary to protect the rights or the property of you or us (or its affiliates, agents, suppliers, and subcontractors), pending the completion of arbitration.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consents that such notices will be effective upon our posting them on the Site or delivering them to you through your registered e-mail address. You may update your e-mail address by visiting your account dashboard. If you have not provided us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. These Terms and your right to use the Services may not be assigned by You without our prior written approval. We may, at any time in its sole discretion, assign its rights and obligations under these Terms to any third party without consent from or notice to you.
These Terms, including any applicable attachments, and all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and us and govern your use of the Site and Services, superseding any prior agreements that you may have with us.
We control and operate the Services from our headquarters in the United States of America and all of the Services may not be appropriate or available for use in other locations. If you use our Services outside the United States of America, you are solely responsible for following applicable local laws. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services may be available in all states or territories.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. Where a court is unable to construe any unenforceable or invalid provision to make it binding, the court will sever and delete the provision. In any event, all other terms remaining valid and enforceable will survive and remain in full force and effect.
The relevant sections of these Terms, including but not limited to Service Plans, User Content, Intellectual Property Rights, Indemnification, Warranty and Liability, Limitation of Liability, Arbitration, and this provision shall survive the termination and/or expiration of these Terms.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at [email protected].