Welcome to www.yourfiletracker.com (the “Website”) owned and operated by Your File Tracker (“COMPANY,” “us” or “we”). Please review the following terms and conditions (“Terms of Use”) that govern your visit to the Website, and your use of the Website and the related products and services available on or through the Website (collectively, the “Service(s)”). COMPANY reserves the right, at any time, to modify or update the Website and these Terms of Use.
Your Consent and Use of the Website
Your use of the Website constitutes your acceptance of and agreement to follow and be bound by the Terms of Use, Privacy Policy, and any further policies or terms that govern your use of the Website and/or Services, which are all incorporated herein by reference (collectively, this “Agreement”). Use of the Website is further subject to the additional terms, disclaimers, caveats, and notices that may appear elsewhere on the Website and/or that are contained in any other written agreement between you and us. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement as if you had signed it. Use of the Website and Services is voluntary. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO ACCESS, BROWSE, OR USE THE WEBSITE OR SERVICES, AND YOU MUST DISCONTINUE USE OF THE WEBSITE AND SERVICES IMMEDIATELY.
As our business changes from time to time, this Agreement may likewise change. We reserve the right to change or modify the terms and conditions that govern your use of the Website, Services, and this Agreement at any time as provided herein, with or without notice to you, at our discretion. All changes are effective immediately when we post them. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting the Website to see the current Agreement in effect and any changes that may have been made to it. Your use of the Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to the Website, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, COMPANY undertakes no obligation to police, supervise, or monitor materials posted to the Website by you or other third parties.
Use of the Website and Services is limited to persons who are eighteen (18) years of age or older. The Website and Services are not directed to persons under 18, and the policy of COMPANY is NOT to knowingly collect any personal information from persons under 18. If you are under 18, you should leave the Website without providing any information about yourself and not use the Services. Any access to or use of the Website by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website and this Agreement. By using the Website or Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Geographic Restrictions
The owner of the Website is based in the State of California in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or Services are accessible or appropriate outside of the United States. Those who choose to access the Website or Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including, without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.
COMPANY imposes certain restrictions on your permissible use of the Website and Services. You are prohibited from violating or attempting to violate any security features of the Website and Services including, without limitation, (a) accessing content or data not intended for you or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website or any associated system, service, or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) using the Website to send unsolicited email, including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by COMPANY in providing the Website or Services; or (g) engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm COMPANY or users of the Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots,” spiders, or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption, or content protection related to the Website or Services. You may not data mine the Website or in any way cause harm to the Website or Services.
Website Contents and Intellectual Property Rights
Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website and Services (collectively, “Content”) are copyrights, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by COMPANY or its subsidiaries and affiliates. You acknowledge and agree that any Content used in connection with the Website, including any software accessible through the Website, contains COMPANY’s proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. This Agreement does not limit any rights that COMPANY may have under trademark, trade secret, copyright, patent, or other laws.
No right, title, or interest in any of the information, material, or other Contents of the Website is granted to you under any circumstances, and COMPANY reserves and retains all intellectual property rights in and to the Website and its Contents. Linking or framing to the Website or any of its Contents is prohibited without the prior written permission of COMPANY.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Website. Unauthorized use or copying (including electronic copying or downloading) of the Website and Contents without COMPANY’s express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers, or other information or content made available on the Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Privacy Policy
Information that you provide to COMPANY via the Website is subject to our Privacy Policy. For more information, please read our full Privacy Policy.
Disclaimer of Warranties and Limitation of Liabilities YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, ALL USE OF THE WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THE WEBSITE, AND ANY FUNCTIONALITY, SOFTWARE, OR PROGRAMMING CONTAINED OR PROVIDED AT THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF THE WEBSITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL EFFECTS; (B) THE WEBSITE, PRODUCTS, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, PRODUCTS, OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE, OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES IS AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE AND SERVICES.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, USEFULNESS, SUITABILITY, OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THE WEBSITE. LIKEWISE, COMPANY DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THE WEBSITE, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL COMPANY OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, VENDORS, ATTORNEYS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF COMPANY FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES OBTAINED AT OR FROM THE WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS, OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO COMPANY FOR USE OF THE WEBSITE, PRODUCTS, OR SERVICES. BY USING ANY PRODUCT(S), YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY POTENTIAL EFFECTS, PROPER HANDLING, AND PROPER USAGE OF SUCH PRODUCT(S), AND YOU ACKNOWLEDGE AND ASSUME ANY RISKS THAT MAY COME THEREWITH, INCLUDING, WITHOUT LIMITATION, ANY PHYSICAL INJURIES, HEALTH EFFECTS, PHYSIOLOGICAL CHANGES AND EFFECTS, BODY REACTIONS, AND ANY LOSS OR DAMAGES THAT MAY OCCUR THEREAFTER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Release and Indemnification
In the event you have a dispute with one or more users of the Website or Services (including, but not limited to, any dispute regarding any transaction or user generated content) or any third party website that may be linked to or otherwise interact with the Website, including, without limitation, any social media site, you hereby agree to release and forever discharge COMPANY and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, suppliers, distributors, vendors, contractors, licensors, attorneys, affiliates, successors and assigns (collectively, “Released Parties”) from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Website and/or Services, to the fullest extent provided by law.
You further agree to indemnify, defend, and hold harmless, to the fullest extent provided by law, Released Parties from and against all claims, demands, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from, arising out of, or in connection with your use, unlawful use or other misuse, or inability to use the Website or Services, your breach of this Agreement, or otherwise relating to the business we conduct on the Website (including, without limitation, any potential or actual communication, transaction, or dispute between you and any other third party), any action taken by Released Parties as a consequence of investigations by either Released Parties or law enforcement authorities, any content posted by you or on your behalf to the Website, any use of any service provided by a third party provider, or any use of a service offered by us that interacts with a third party website, including any social media site. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any matter without our written consent. This Section survives termination of this Agreement.
Choice of Law, Arbitration, and Venue
This Agreement and any claim or controversy relating to or arising from the use of the Website or Services, including, but not limited to, any transactions made or entered into at the Website, any information, content, products, services, or promotions herein contained or provided from the Website, or any functionality, software, or programming contained or provided at or from the Website (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Los Angeles County, California. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PROVIDED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING THE WEBSITE AND/OR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials
As a user of the Website, you may be able to post content on the Website or on COMPANY’s blog or social media pages, including, without limitation, by providing testimonials or reviews, leaving comments, uploading pictures or videos, etc. You are solely responsible for the content you upload, publish, display, post, or transmit to other users. However, COMPANY reserves the right to redact, block, or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark, or other intellectual property rights, (d) in violation of any law, regulation, or this Agreement, or (e) offensive or otherwise unacceptable to COMPANY in its sole discretion. COMPANY reserves the right, but undertakes no duty, to review, edit, move, or delete any communication or material provided for display or placed on the Website or on COMPANY’s blog or social media pages, in its sole discretion, without notice. If at any time COMPANY chooses, in its sole discretion, to monitor the content, COMPANY nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You agree that COMPANY shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, discriminatory, violent, harassing, or otherwise objectionable, whether such material is constitutionally protected.
Any submission of information or copyrightable works of any nature by you to the Website or to COMPANY through the use of the Website, any of COMPANY’s social media pages or accounts, or otherwise, shall be deemed to constitute a release by you to the public domain, for use by COMPANY and others, without restriction, except those restrictions set forth in our Privacy Policy with respect to personal information. All comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted, or offered to COMPANY using the Website or otherwise are not confidential and will become and remain COMPANY’s property. By submitting any such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction.
Your submission of such information and material shall further constitute an assignment to COMPANY of all worldwide rights, titles, and interests in the information and materials without payment of any compensation. By posting content to any public area of the Website or COMPANY’s social media pages or accounts, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, “Posted Content”) at or through the Website or on COMPANY’s blog or social media pages or accounts, you represent, warrant, and agree that any such Posted Content:
Is not defamatory, obscene, indecent, abusive, harassing, offensive, profane, violent, hateful, inflammatory, or otherwise in violation of any law or right of any third party. (b) Is not false, inaccurate, deceptive, misleading, or fraudulent. (c) Does not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. (d) Does not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights. (e) Does not violate or promote any violation of any law, statute, ordinance, or regulation (including, without limitation, those governing export control, consumer protection, publicity and privacy rights, unfair competition, anti-discrimination, or false advertising). (f) Does not contain personal identifying information of any person other than you. (g) Does not cause annoyance, inconvenience, or needless anxiety, or is not likely to upset, embarrass, alarm, or annoy any other person. (h) Does not impersonate any person or misrepresent your identity or affiliation with any person or organization. (i) Does not involve unauthorized commercial activities or sales, such as contests, sweepstakes, or other sales promotions, barter, or advertising. (j) Does not give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case. (k) Does not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website or any system, or intended to send unsolicited email including, without limitation, promotions or advertisements for products or services. (l) Shall become and be the property of COMPANY with the full and unrestricted right of COMPANY to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use such Posted Content without compensation to you.
Claims of Copyright Infringement / DMCA Notice and Procedure
It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify COMPANY’s designated Copyright Agent at the address below. Inquiries not compliant with the procedure outlined below may not receive a response. When a valid DMCA notification is received, we will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so a counter-notification may be filed. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. COMPANY may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. COMPANY’s Privacy Policy does not protect information provided in these notices.
Notification
If you believe that your work was copied or posted on the Website in a way that constitutes copyright infringement, please contact our designated Copyright Agent at:
(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit COMPANY to locate the material.
(D) Information reasonably sufficient to permit COMPANY to contact the complaining party, including a name, address, telephone number, and, if available, email address at which the complaining party may be contacted.
(E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Note, however, that if you post any materials on this Website, by submitting, posting or displaying your content on the Website, you grant COMPANY a worldwide, royalty-free, non-exclusive license as specified in these Terms of Use.
Only DMCA notices should go to the COMPANY Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of DMCA may be ignored.
Upon receipt of the written notification containing the information as outlined above:
(A) COMPANY shall remove or disable access to the material that is alleged to be infringing.
(B) COMPANY shall use reasonable efforts to forward the written notification to such alleged infringer (“User”).
(C) COMPANY shall take reasonable steps to notify the User that it has removed or disabled access to the material.
Counter Notification
If you, as the User, believe that material you posted was removed or disabled due to mistake or misidentification, you may file a Counter Notification. To be effective, a Counter Notification must be a written communication provided to COMPANY’s designated Copyright Agent that includes substantially the following:
(A) A physical or electronic signature of the User.
(B) 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.
(C) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which COMPANY is located, and that the User will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined above:
(A) COMPANY shall promptly provide the complaining party with a copy of the counter notification, and inform such party that COMPANY will replace the removed material or cease disabling access to it in 10 business days; and
(B) COMPANY shall replace the removed material and cease disabling access to the material in no less than 10 and no more than 14 business days following receipt of the counter notice, unless COMPANY’s designated Copyright Agent first receives notice from the complaining party that such party has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material at the Website.
Account Termination
COMPANY may, in appropriate circumstances, terminate any account of any account holder or user of the Website if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact COMPANY’s DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.
Termination of Agreement and Denial of Access
This Agreement is effective unless and until terminated by COMPANY. If, in COMPANY’s sole discretion, you fail to comply with any term or provision of this Agreement, COMPANY may terminate your access to or use of the Website. In the event of termination or denial of access by COMPANY, you are no longer authorized to access the Website or Services, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.
Third Party Links
The Website may include links to other Internet sites maintained by third parties (“Linked Sites”). COMPANY provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by COMPANY of the Linked Sites. You access Linked Sites at your own risk, and by accessing them, you leave the Website. Linked Sites are not under the control of COMPANY, and COMPANY is not responsible for any content of any Linked Sites.
Modifications to the Website or Services
COMPANY reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice in our sole discretion. You agree that COMPANY shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website and/or Services.
Your Account Information, Password and Security
In the course of your use of the Website or Services, we may ask you for certain information, including your name, email address, mailing address, billing address, and payment card information (collectively, “Account Information”). If you open an account or commence any transaction of business at or on the Website, you may be required to complete the registration process by providing certain additional information and registering a username and password. Your Account Information must be up-to-date and accurate at all times. Should your information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of your username and password and also for all activities that take place under your account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each Website session. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will COMPANY be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this Section. You may not use another person’s account at any time, without the express permission of the account holder. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Website or Services if you provide inaccurate, false, or misleading information in connection with your account.
Product Availability and Pricing
For product availability and pricing questions, please give us a call at ____________ and we will be more than happy to help you with your inquiry. Any prices are quoted in U.S. dollars and are subject to change at any time. Any discounts are limited time offers and may not be combined with any other offers. We reserve the right to limit the quantities of any products or services that we offer through the Website at our sole discretion.
Product Images, Content and Specifications
All features, content, specifications, products, and prices of products described at or depicted on the Website are subject to change at any time without notice. All product descriptions are approximate, provided for convenience only, and may be subject to substitutions where indicated. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Likewise, the product images on the Website may appear larger or smaller than their actual size. While COMPANY attempts to be as accurate as possible in the product descriptions on the Website, COMPANY does not warrant that product descriptions or other Content is accurate, complete, reliable, current, or error-free. If a product offered by COMPANY is not as described, your sole remedy is to return it in unused condition pursuant to COMPANY’s Return Policy.
Transactions on the Website
You represent and warrant that any products you purchase from the Website are for your own personal or household use only, and not for resale or export. COMPANY reserves the right to refuse any order you place with us in violation of these terms. For example, we reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers, unauthorized distributors, or wholesalers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, per billing and/or shipping address, or per order. In the event we modify or cancel an order, we will attempt to notify you by using the email, billing address, or phone number provided at the time the order was made.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) with respect to the possession and use of any item purchased from the Website. By placing an order, you represent and warrant that any products ordered will be used only in a lawful manner.
Return Policy
COMPANY’s return policy is accessible here and is incorporated into this Agreement in its entirety.
Shipping Policy and Risk of Loss
When you place an order, it will be shipped to an address designated by you as long as that shipping address is valid and compliant with any shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the third party carrier. You are responsible for filing any claims with the applicable carrier for any damaged and/or lost shipments.
Eligibility to Order/Purchase
To place an order on the Website, you must be at least 18 years of age and abide by all applicable local, state, federal, and international laws and regulations.
Professional Advice Disclaimer
Any information provided on the Website, including product descriptions and instructions, is for informational purposes only. Use of the Website or any information provided to you is not meant to serve as a substitute for professional or medical advice. COMPANY makes no representations, warranties, or health related claims on the Website. You should read and strictly follow all product labels, packaging inserts, instructions, directions, and warnings before using any product.
Miscellaneous
Headings in this Agreement are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer, or franchise-franchisee relationship of any kind between COMPANY and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between COMPANY and you with respect to use of the Website and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement, and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
Complaints or Concerns
If you have any complaints or concerns regarding the Website or Services, please contact us at [INSERT ADDRESS] or [INSERT EMAIL]. For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.