Last Modified: Oct 26, 2021
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Obit, LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of Obit.com, including any content, functionality, and services offered on or through Joinobit.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when and if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and to younger users aged 13 or older, if using the Website with the permission and supervision of a parent or guardian. By using this Website, you represent and warrant that you are 18 years of age or older or that your parent or guardian accepts responsibility for your use.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We grant you permission (which may be revoked at any time for any reason or no reason) to view the Website and to download, integrate via authorized social media application, email, or print individual pages of the Website in accordance with these Terms of Use and solely for your own personal, non-commercial use. Except in connection with a Funeral Home Partner’s dedicated business page, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. No other use is permitted. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website, except as specifically noted above. Further, you must not (i) modify copies of any materials from this site or (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
You agree that the consequences of commercial use or re-publication in violation of these Terms of Use may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
Trademarks
The Company name, the terms “Joinobit.com”, the marks for “obit” shown immediately above, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
User Contributions of Content
Some features of the Website allow you and others to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary.
You grant us and our affiliates and related entities, successors and assigns:
• A royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all User Contributions, and any facts, data, ideas, concepts or know-how contained in User Contributions, you provide to Joinobit.com in any form.
• The right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such User Contributions.
• The right to use User Contributions, and any other that you otherwise provide us, for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services.
• The right to post offers for the purchase or delivery of services or products on the same Website page with a User Contribution (please see “Donations and Purchaser through the Website; Advertising” below).
With respect to obituary notices or reports of an individual’s death, we reserve the right--but do not undertake an obligation—to undertake activities to verify the identification of the individual and the fact and timing of the individual’s death, or other claims or statements within the notices or reports. These activities may include, without limitation, contacting a funeral home associated with the notice, checking on-line resources including social media, or requesting further information or verification from the posting-user. During any times during which we have not yet sought verification, or have not obtained reasonable verification, we reserve the right to indicate that the corresponding User Contribution or information reported within it have not been verified by Joinobit.com. We further reserve the right at any time to modify or delete information or content, including photographs, that we have determined in our sole discretion to be disrespectful, false, profane, unauthorized, confidential, or otherwise unsuitable for inclusion within a site compiling obituary notices and other funeral or personal information.
You grant all rights described above in consideration of your use of the Website without the need for additional compensation of any sort to you.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
• All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We disclaim any responsibility for User Contributions and disclaim any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any User Contributions. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Accessibility of “Private” Obituaries
To the extent the Website offers an option to allow a user to post a User Contribution as an obituary that is “private” or not readily available for general public access, the Website does not assure or undertake an obligation to assure that the User Contribution or other information posted by others will not be accessible by particular persons or the general public. The Website’s options for private obituaries operate by providing a Uniform Resource Locator (URL) web address to one or more of the contributing users, rather than including the URL within a openly searchable platform. This URL may in turn be shared with other users and persons accessing the Website, or even shared publicly, so that access to private obituaries may become more broadly accessible than the original poster of the User Contribution intended. In addition, all User Contributions posted to the Website are considered non-confidential, and not proprietary content of the User.
Contributions of Video Content, Including Live Streaming
The Website may offer to Funeral Home Partners (defined below) or particular users an ability for a funeral home or user to live stream a video, or to post videos to the Website, usually in association with a particular funeral home or the memory of a decedent. The “Content Standards” described below apply to any such videos, including live-streamed videos, such that a Funeral Home Partner or other user, by live-streaming, undertakes to control the audio and visual components as material is streamed to avoid or interrupt streaming of content that violates the Content Standards.
By live-streaming or submitting a video, the Funeral Home Partner grants the Company permission to stream the video to end users, embed the video on third party websites, distribute the video through application program interfaces of or accessible to the Website, make the video available for download, create compressed versions of the video, generate stills from the video content, and to remove or block portions of the video. This permission commences at the time of live streaming or uploading of a video, and ends at such time as the Company deletes it, provided that the Company can retain archival copies and has no responsibility for subsequent uses of videos by third parties who receive downloads of the video. The foregoing permissions are in addition to, and not in limitation of, all rights and permissions granted hereunder as to User Contributions of Content generally.
The Company partners with Bambuser A.B., https://bambuser.com/, for the “Bambuser Solution” to live streaming and recorded video services. By using the Website’s live streaming and video services, you agree to be bound to, and to indemnify the Company from claims arising from your uses, obligations reasonably applicable to individual and company live stream and video users arising under Bambuser A.B.’s Terms & Privacy Policy.
Funeral Home Partners
The Website provides the functionality for funeral home businesses (“Funeral Home Partners”) to create dedicated business pages on the Website (each a “Business Page”). Funeral Home Partners are bound by these Terms of Use in their entirety. Funeral Home Partners are solely responsible for the content of their respective Business Pages. We undertake no responsibility to review content posted by a Funeral Home Partner on its Business Page. We reserve the right to verify the existence, as a funeral home business, and licensure, of any person or entity that is or seeks to become a Funeral Home Partner, and to deny service to any such person or entity that may not readily be so verified. The Company assumes no liability for any content or materials displayed on a Funeral Home Partner’s dedicated business page. The Company likewise assumes no liability for any actions, or inactions, undertaken by any Funeral Home Partner or other third party, and assumes no liability in connection with any transaction you may undertake with a Funeral Home Partner or other third party. Business Pages may only be created or accessed by an authorized representative of a funeral home business.
Contributions, Donations and Purchases through the Website; Advertising
When requested and arranged by individuals or a funeral home, the Website allows you to make contributions to or for the benefit of individuals who are members or represent themselves to be members of the family or other close relations to a decedent, to make contributions to help a family or friends cover the cost of a funeral, to make charitable donations in honor or memory of a decedent, or to purchase items for delivery to family or friends of a decedent. The Company reserves the right to suspend or terminate the taking of donations on the Website for a particular decedent for any reason, or without reason.
No Refunds or Cancellations of Payment through this Website. In all cases, payments you make on the Website are directed to and route automatically to third party individuals, companies or charities other than Obit, LLC and this Website. Obit LLC and this Website typically do not receive any such payments when you make them on this Website, and therefore Obit LLC and this Website are generally unable to cancel or refund any such payments that are made by mistake, or due to misrepresentation, or for reasons of deficiencies in a product or service, or similar reasons or no reason; or any payments you wish to reconsider. Accordingly, insofar as you may seek to cancel a payment or receive a refund, Obit LLC and this Website do not facilitate payment cancellations and are not responsible for refunds. Users may wish to instead seek any refund from a particular recipient of the funds, but Obit LLC and this Website are not obligated to assist any user with that process and do not assure success of any such refund effort.
Credit or Debit Card Payments: The Company partners with Stripe, https://stripe.com,
a technology company that provides economic infrastructure for the Internet, to receive and process credit and debit card payments from you and other users in a manner which complies with the Payment CAR Industry Data Security Standards. Strike charges users a nominal processing fee (approximately 3%) at the time of each transaction. The Company does not receive or save any credit card information from users.
Charitable Donations: The Company partners with Pledgeling Technologies, Inc. https://www.pledgeling.com/, a software platform designed to engage users, employees and businesses to solicit, collect and distribute donations to charitable organizations under Section 501(c)(3) of the U.S. Internal Revenue Code. Pledgeling charges users a percentage support fee and a separate nominal processing fee at the time of each transaction. By making donations through the Website, you agree to be bound by Pledgeling’s Terms of Use. All donations are at your own risk. We cannot and do not represent or guarantee that the donations will be used in accordance with any fundraising purpose prescribed by a user or campaign or in accordance with applicable laws.
Purchases and Deliveries: The Website may also offer visitors to the Website opportunities to make purchases and deliveries of items such as but not limited to flowers, food, religious items and other items, and these offers may appear associated by location with a particular obituary or Funeral Home Partner. Any such offers are posted independently by the Website and are not intended to reflect a request from a user, or family or friends who are bereaved, to receive such items. The Website reserves the right to provide Funeral Home Partners with a share of revenues the Company may earn from purchases made generally through the Website, or from particular purchases.
Please be cautious: As an individual visiting the Website with respect to a particular deceased person, the Website anticipates that you will have certain knowledge respecting the persons or funeral businesses to which you may direct contributions, or any charities receiving memorial donations from you, so that you may take steps to verify identities and connections of the persons, companies or charities to which you may direct a payment. The Company assumes no liability for individuals, companies or charities who may misrepresent their identity or connection with a decedent, individual, charity or company.
Monitoring and Enforcement; Termination
We reserve the right (but disclaim any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any User Contributions for any reason or no reason whatsoever, in our absolute and sole discretion, including without limitation, if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
We also reserve the right to:
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
How To Have Your Information Deleted from this Website
If at any time you wish to have your information including any specific data (i) submitted by you to this Website or (ii) specifically relating to your own use of this Website, you may email [email protected] to request deletion of your data. Please include your Obit user name in the email and write “Request for Data Deletion” in the subject line. If the sender’s email address on a Request for Data Deletion varies from the email address Obit maintains on record for the user name, Obit reserves the right to ask for the user’s Obit password or other information to verify the identity of the requesting user. User requests for deletion of their data are typically processed within three business days of receipt of the Request for Data Deletion.
Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Referrals from our Partners
If you have been referred to Obit through one of our partners, Tulip Cremation (such as by direct hyperlink to Obit or by clicking a Tulip Cremation landing page operated by Obit), you agree to receive emails from Tulip Cremation. However, you can unsubscribe at any time from receiving those emails. See Tulip’s privacy policy here: https://www.tulipcremation.com/privacy
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Company sells and thus receives monetary and other forms compensation from affiliates, advertisers, sponsors and other third parties that appear on the Website (collectively, referred to in this paragraph as “Affiliates”) for various advertising, sponsorships, and campaigns that we feature on the Website. If you ultimately decide to purchase a product or service mentioned on the Website, the Company may receive additional compensation from that purchase from the Affiliate.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE MAKE NO CLAIMS OR ASSURANCES THAT THE SERVICES ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, any alleged infringement of intellectual property or other right of any person or entity relating to the Website, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York City. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, together with any documents they expressly incorporate by reference, constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]