Terms of Use

INTELLECTUAL PROPERTY RIGHTS

UNLESS OTHERWISE INDICATED, THE SITE IS MY PROPRIETARY PROPERTY AND ALL SOURCECODE, DATABASES, FUNCTIONALITY, SOFTWARE, WEBSITE DESIGNS. AUDIO, TEXT, PHOTOGRAPHS, AND GRAPHICS ON THE SITE (COLLECTIVELY THE “CONTENT”) AND THE TRADEMARKS, SERVICE MARKS, AND LOGOS CONTAINED THEREIN (THE “MARKS”) ARE OWNED OR CONTROLLED BY ME OR LICENSED TO ME AND ARE PROTECTED BY COPYRIGHT AND TRADEMARK LAWS AND VARIOUS OTHER INTELLECTUAL PROPERTY RIGHTS AND UNFAIR COMPETITION LAWS OF THE UNITED STATES, INTERNATIONAL COPYRIGHT LAWS AND INTERNATIONAL CONVENTIONS. THE CONTENT AND THE MARKS ARE PROVIDED ON THE SITE “AS IS” FOR YOUR INFORMATION AND PERSONAL USE ONLY.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, NO PART OF THE SITE AND NO CONTENT OR MARKS MAY BE COPIED, REPRODUCED, AGGREGATED, REPUBLISHED, UPLOADED, POSTED, PUBLICLY DISPLAYED, ENCODED, TRANSLATED, TRANSMITTED, DISTRIBUTED, SOLD, LICENSED, OR OTHERWISE EXPLOITED, FOR ANY COMMERCIAL PURPOSE WHATSOEVER, WITHOUT MY EXPRESS PRIOR WRITTEN PERMISSION. PROVIDED THAT YOU ARE ELIGIBLE TO USE THE SITE, YOU ARE GRANTED A LIMITED LICENSE TO ACCESS AND USE THE SITE AND TO DOWNLOAD OR PRINT A COPY OF ANY PORTION OF THE CONTENT TO WHICH YOU HAVE PROPERLY GAINED ACCESS SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE. I RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN AND TO THE SITE, THE CONTENT AND THE MARKS.

USER REPRESENTATIONS

BY USING THE SITE, YOU REPRESENT AND WARRANT THAT: (1) ALL REGISTRATION INFORMATION YOU SUBMIT WILL BE TRUE, ACCURATE, CURRENT, AND COMPLETE; (2) YOU WILL MAINTAIN THE ACCURACY OF SUCH INFORMATION AND PROMPTLY UPDATE SUCH REGISTRATION AS NECESSARY; (3) YOU HAVE THE LEGAL CAPACITY AND YOU AGREE TO COMPLY WITH THESE TERMS OF USE; (4) YOU ARE NOT A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE; (5) YOU WILL NOT ACCESS THE SITE THROUGH AUTOMATED OR NON-HUMAN MEANS, WHETHER THROUGH A BOT, SCRIPT, OR OTHERWISE; (6) YOU WILL NOT USE THE SITE FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE; AND (7) YOUR USE OF THE SITE WILL NOT VIOLATE ANY APPLICABLE LAW OR REGULATION. IF YOU PROVIDE ANY INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT, OR INCOMPLETE, I HAVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OF FUTURE USE OF THE SITE (OR ANY PORTION THEREOF).

USER REGISTRATION

YOU MAY BE REQUIRED TO REGISTER WITH THE SITE. YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL AND WILL BE RESPONSIBLE FOR ALL USE OF YOUR ACCOUNT AND PASSWORD. I RESERVE THE RIGHT TO REMOVE, RECLAIM, OR CHANGE A USERNAME YOU SELECT IF I DETERMINE, IN MY SOLE DISCRETION, THAT SUCH USERNAME IS INAPPROPRIATE, OBSCENE, OR OTHERWISE OBJECTIONABLE.

PROHIBITED ACTIVITIES

YOU MAY NOT ACCESS OR USE THE SITE FOR ANY PURPOSE OTHER THAN THAT FOR WHICH I MAKE THE SITE AVAILABLE. THE SITE MAY NOT BE USED IN CONNECTION WITH ANY COMMERCIAL ENDEAVORS EXCEPT THOSE THAT ARE SPECIFICALLY ENDORSED OR APPROVED BY ME.

AS A USER OF THE SITE, YOU AGREE NOT TO: USER GENERATED CONTRIBUTIONS

THE SITE MAY INVITE YOU TO CHAT, CONTRIBUTE TO, OR PARTICIPATE IN BLOGS, MESSAGE BOARDS, ONLINE FORUMS, AND OTHER FUNCTIONALITY, AND MAY PROVIDE YOU WITH THE OPPORTUNITY TO CREATE, SUBMIT, POST, DISPLAY, TRANSMIT, PERFORM, PUBLISH, DISTRIBUTE, OR BROADCAST CONTENT AND MATERIALS TO ME OR ON THE SITE, INCLUDING BUT NOT LIMITED TO TEXT, WRITINGS, VIDEO, AUDIO, PHOTOGRAPHS, GRAPHICS, COMMENTS, SUGGESTIONS, OR PERSONAL INFORMATION OR OTHER MATERIAL (COLLECTIVELY, “CONTRIBUTIONS”). CONTRIBUTIONS MAY BE VIEWABLE BY OTHER USERS OF THE SITE AND THROUGH THIRD-PARTY WEBSITES. AS SUCH, ANY CONTRIBUTIONS YOU TRANSMIT MAY BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY. WHEN YOU CREATE OR MAKE AVAILABLE ANY CONTRIBUTIONS, YOU THEREBY REPRESENT AND WARRANT THAT:

1. 1. THE CREATION, DISTRIBUTION, TRANSMISSION, PUBLIC DISPLAY, OR PERFORMANCE, AND THE ACCESSING, DOWNLOADING, OR COPYING OF YOUR CONTRIBUTIONS DO NOT AND WILL NOT INFRINGE THE PROPRIETARY RIGHTS, INCLUDING BUT NOT LIMITED TO THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS OF ANY THIRD PARTY.
2. 2. YOU ARE THE CREATOR AND OWNER OF OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, RELEASES, AND PERMISSIONS TO USE AND TO AUTHORIZE ME, THE SITE, AND OTHER USERS OF THE SITE TO USE YOUR CONTRIBUTIONS IN ANY MANNER CONTEMPLATED BY THE SITE AND THESE TERMS OF USE.
3. 3. YOU HAVE THE WRITTEN CONSENT, RELEASE, AND/OR PERMISSION OF EACH AND EVERY IDENTIFIABLE INDIVIDUAL PERSON IN YOUR CONTRIBUTIONS TO USE
4. THE NAME OR LIKENESS OF EACH AND EVERY SUCH IDENTIFIABLE INDIVIDUAL PERSON TO ENABLE INCLUSION AND USE OF YOUR CONTRIBUTIONS IN ANY
5. MANNER CONTEMPLATED BY THE SITE AND THESE TERMS OF USE.
6. 4. YOUR CONTRIBUTIONS ARE NOT FALSE, INACCURATE, OR MISLEADING.
7. 5. YOUR CONTRIBUTIONS ARE NOT UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, PYRAMID SCHEMES, CHAIN LETTERS, SPAM, MASS MAILINGS, OR OTHER FORMS OF SOLICITATION.
8. 6. YOUR CONTRIBUTIONS ARE NOT OBSCENE, LEWD, LASCIVIOUS, FILTHY, VIOLENT, HARASSING, LIBELOUS, SLANDEROUS, OR OTHERWISE OBJECTIONABLE (AS DETERMINED BY ME).
9. 7. YOUR CONTRIBUTIONS DO NOT RIDICULE, MOCK, DISPARAGE, INTIMIDATE, OR ABUSE ANYONE.
10. 8. YOUR CONTRIBUTIONS DO NOT ADVOCATE THE VIOLENT OVERTHROW OF ANY GOVERNMENT OR INCITE, ENCOURAGE, OR THREATEN PHYSICAL HARM AGAINST ANOTHER.
11. 9. YOUR CONTRIBUTIONS DO NOT VIOLATE ANY APPLICABLE LAW, REGULATION, OR RULE.
12. 10. YOUR CONTRIBUTIONS DO NOT VIOLATE THE PRIVACY OF PUBLICITY RIGHTS OF ANY THIRD PARTY.
13. 11. YOUR CONTRIBUTIONS DO NOT CONTAIN ANY MATERIAL THAT SOLICITS PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF 18 IN A SEXUAL OR VIOLENT MANNER.
14. 12. YOUR CONTRIBUTIONS DO NOT VIOLATE ANY APPLICABLE LAW CONCERNING CHILD PORNOGRAPHY, OR OTHERWISE INTENDED TO PROTECT THE HEALTH OR WELL-BEING OF MINORS;
15. 13. YOUR CONTRIBUTIONS DO NOT INCLUDE ANY OFFENSIVE COMMENTS THAT ARE CONNECTED TO RACE, NATIONAL ORIGIN, GENDER, SEXUAL PREFERENCE, OR PHYSICAL HANDICAP.
16. 14. YOUR CONTRIBUTIONS DO NOT OTHERWISE VIOLATE, OR LINK TO MATERIAL THAT VIOLATES, ANY PROVISION OF THESE TERMS OF USE, OR ANY APPLICABLE LAW OR REGULATION. ANY USE OF THE SITE IN VIOLATION OF THE FOREGOING VIOLATES THESE TERMS OF USE AND MAY RESULT IN, AMONG OTHER THINGS, TERMINATION OF SUSPENSION OF YOUR RIGHTS TO USE THE SITE.

CONTRIBUTION LICENSE

BY POSTING YOUR CONTRIBUTIONS TO ANY PART OF THE SITE, YOU AUTOMATICALLY GRANT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO GRANT, TO ME AN UNRESTRICTED, UNLIMITED, IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, TRANSFERABLE, ROYALTY-FREE, FULLY PAID, WORLDWIDE RIGHT, AND LICENSED TO HOST, COPY, REPRODUCE, DISCLOSE, SELL, RESELL, PUBLISH, BROADCAST, RETITLE, ARCHIVE, STORE, CACHE, PUBLICLY PERFORM, PUBLICLY DISPLAY, REFORMAT, TRANSLATE, TRANSMIT, EXCERPT (IN WHOLE OR PART), AND DISTRIBUTE SUCH CONTRIBUTIONS (INCLUDING, WITHOUT LIMITATION, YOUR IMAGE AND VOICE) FOR ANY PURPOSE, COMMERCIAL, ADVERTISING, OR OTHERWISE, AND TO PREPARE DERIVATIVE WORKS OF OR INCORPORATE INTO OTHER WORKS, SUCH CONTRIBUTIONS, AND GRANT AND AUTHORIZE SUB-LICENSES OF THE FOREGOING. THE USE AND DISTRIBUTION MAY OCCUR IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS.

THIS LICENSE WILL APPLY TO ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR HEREAFTERDEVELOPED, AND INCLUDES MY USE OF YOUR NAME, COMPANY NAME, AND FRANCHISE NAME, ASAPPLICABLE, AND ANY TRADEMARKS, SERVICE MARKS, TRADE NAMES, LOGOS, AND PERSONAL AND COMMERCIAL IMAGES YOU PROVIDE. YOU WAIVE ALL MORAL RIGHTS IN YOUR CONTRIBUTIONS, AND YOU WARRANT THAT MORAL RIGHTS HAVE NOT OTHERWISE BEEN ASSERTED IN YOUR CONTRIBUTIONS. I DO NOT ASSERT ANY OWNERSHIP OVER YOUR CONTRIBUTIONS. YOU RETAIN FULL OWNERSHIP OF ALL OF YOUR CONTRIBUTIONS AND ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS ASSOCIATED WITH YOUR CONTRIBUTIONS. I AM NOT LIABLE FOR ANY STATEMENTS OR REPRESENTATIONS IN YOUR CONTRIBUTIONS PROVIDED BY YOU IN ANY AREA ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTRIBUTIONS TO THE SITE AND YOU EXPRESSLY AGREE TO EXONERATE ME FROM ANY AND ALL RESPONSIBILITY AND TO REFRAIN FROM ANY LEGAL ACTION AGAINST ME REGARDING YOUR CONTRIBUTIONS.I HAVE THE RIGHT, IN MY SOLE AND ABSOLUTE DISCRETION, (1) TO EDIT, REDACT, OR OTHERWISE CHANGE ANY CONTRIBUTIONS; (2) TO RE-CATEGORIZE ANY CONTRIBUTIONS TO PLACE THEM IN MORE APPROPRIATE LOCATIONS ON THE SITE; AND (3) TO PRE-SCREEN OR DELETE ANY CONTRIBUTIONS AT ANY TIME AND FOR ANY REASON, WITHOUT NOTICE. I HAVE NO OBLIGATION TO MONITOR YOUR CONTRIBUTIONS.

GUIDELINES FOR REVIEWS

I MAY PROVIDE YOU WITH AREAS ON THE SITE TO LEAVE REVIEWS OR RATINGS. WHEN POSTING A REVIEW, YOU MUST COMPLY WITH THE FOLLOWING CRITERIA: (1) YOU SHOULD HAVE FIRSTHAND EXPERIENCE WITH THE PERSON/ENTITY BEING REVIEWED.; (2) YOUR REVIEWS SHOULD NOT CONTAIN OFFENSIVE PROFANITY, OR ABUSIVE, RACIST, OFFENSIVE, OR HATE LANGUAGE; (3) YOUR REVIEWS SHOULD NOT CONTAIN DISCRIMINATORY REFERENCES BASED ON RELIGION, RACE, GENDER, NATIONAL ORIGIN, AGE, MARITAL STATUS, SEXUAL ORIENTATION, OR DISABILITY; (4) YOUR REVIEWS SHOULD NOT CONTAIN REFERENCES TO ILLEGAL ACTIVITY; (5) YOU SHOULD NOT BE AFFILIATED WITH COMPETITORS IF POSTING NEGATIVE REVIEWS; (6) YOU SHOULD NOT MAKE ANY CONCLUSIONS AS TO THE LEGALITY OF CONDUCT; (7) YOU MAY NOT POST ANY FALSE OR MISLEADING STATEMENTS; AND (8) YOU MAY NOT ORGANIZE A CAMPAIGN ENCOURAGING OTHERS TO POST REVIEWS, WHETHER POSITIVE OR NEGATIVE. WE MAY ACCEPT, REJECT, OR REMOVE REVIEWS AT MY SOLE DISCRETION. I HAVE ABSOLUTELY NO OBLIGATION TO SCREEN REVIEWS OR TO DELETE REVIEWS, EVEN IF ANYONE CONSIDERS REVIEWS OBJECTIONABLE OR INACCURATE. REVIEWS ARE NOT ENDORSED BY ME AND DO NOT NECESSARILY REPRESENT MY OPINIONS OR THE VIEWS OF ANY OF MY AFFILIATE PARTNERS OR SPONSORS. I DO NOT ASSUME LIABILITY FOR ANY REVIEW OR FOR ANY CLAIMS, LIABILITIES, OR LOSSES RESULTING FROM ANY REVIEW. BY POSTING A REVIEW, YOU HEREBY GRANT TO ME A PERPETUAL, NON-EXCLUSIVE, WORLDWIDE, ROYALTY- FREE, FULLY-PAID, ASSIGNABLE, AND SUB-LICENSABLE RIGHT AND LICENSE TO REPRODUCE, MODIFY, TRANSLATE, TRANSMIT BY ANY MEANS, DISPLAY, PERFORM, AND/OR DISTRIBUTE ALL CONTENT RELATING TO REVIEWS.

SUBMISSIONS

YOU ACKNOWLEDGE AND AGREE THAT ANY QUESTIONS, COMMENTS, SUGGESTIONS, IDEAS, FEEDBACK, OR OTHER INFORMATION REGARDING THE SITE (“SUBMISSIONS”) PROVIDED BY YOU TO ME ARE NON-CONFIDENTIAL AND SHALL BECOME MY SOLE PROPERTY. I SHALL OWN EXCLUSIVE RIGHTS, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, AND SHALL BE ENTITLED TO THE UNRESTRICTED USE AND DISSEMINATION OF THESE SUBMISSIONS FOR ANY LAWFUL PURPOSE, COMMERCIAL OR OTHERWISE, WITHOUT ACKNOWLEDGMENT OR COMPENSATION TO YOU. YOU HEREBY WAIVE ALL MORAL RIGHTS TO ANY SUCH SUBMISSIONS, AND YOU HEREBY WAIVE ALL MORAL RIGHTS TO ANY SUCH SUBMISSIONS THAT ARE ORIGINAL WITH YOU OR THAT YOU HAVE THE RIGHT TO SUBMIT SUCH SUBMISSIONS. YOU AGREE THERE SHALL BE NO RECOURSE AGAINST ME FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT IN YOUR SUBMISSIONS.

THIRD-PARTY WEBSITE AND CONTENT

THE SITE MAY CONTAIN (OR YOU MAY BE SENT VIA THE SITE) LINKS TO OTHER WEBSITES (“THIRD-PARTY WEBSITES”) AS WELL AS ARTICLES, PHOTOGRAPHS, TEXT, GRAPHICS, PICTURES, DESIGNS, MUSIC, SOUND, VIDEO, INFORMATION, APPLICATIONS, SOFTWARE, AND OTHER CONTENT OR ITEMS BELONGING TO OR ORIGINATING FROM THIRD PARTIES (“THIRD-PARTY CONTENT”). SUCH THIRD- PARTY WEBSITES AND THIRD-PARTY CONTENT ARE NOT INVESTIGATED, MONITORED, OR CHECKED FOR ACCURACY, APPROPRIATENESS, OR COMPLETENESS BY ME, AND I AM NOT RESPONSIBLE FOR ANY THIRD-PARTY WEBSITES ACCESSED THROUGH THE SITE OR ANY THIRD-PARTY CONTENT POSTED ON, AVAILABLE THROUGH, OR INSTALLED FROM THE SITE, INCLUDING THE CONTENT, ACCURACY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES, OR OTHER POLICIES OF OR CONTAINED IN THE THIRD-PARTY WEBSITES OR THE THIRD- PARTY CONTENT. INCLUSION OF, LINKING TO, OR PERMITTING THE USE OR INSTALLATION OF ANY THIRD-PARTY WEBSITES OR ANY THIRD-PARTY CONTENT DOES NOT IMPLY APPROVAL OR ENDORSEMENT THEREOF BY ME.

IF YOU DECIDE TO LEAVE THE SITE AND ACCESS THE THIRD- PARTY WEBSITES OR TO USE OR INSTALL ANY THIRD-PARTY WEBSITES OR TO USE OR INSTALL ANY THIRD-PARTY CONTENT, YOU DO SO AT YOUR OWN RISK, AND YOU SHOULD BE AWARE THESE TERMS OF USE NO LONGER GOVERN. YOU SHOULD REVIEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY AND DATA GATHERING PRACTICES, OF ANY WEBSITE TO WHICH YOU NAVIGATE FROM THE SITE OR RELATING TO ANY APPLICATIONS YOU USE OR INSTALL FROM THE SITE. ANY PURCHASES YOU MAKE THROUGH THIRD-PARTY WEBSITES WILL BE THROUGH OTHER WEBSITES AND FROM OTHER COMPANIES, AND I TAKE NO RESPONSIBILITY WHATSOEVER IN RELATION TO SUCH PURCHASES WHICH ARE EXCLUSIVELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY. YOU AGREE AND ACKNOWLEDGE THAT I DO NOT ENDORSE THE PRODUCTS OR SERVICES OFFERED ON THIRD-PARTY WEBSITES AND YOU SHALL HOLD ME HARMLESS FROM ANY HARM CAUSED BY YOUR PURCHASE OF SUCH PRODUCTS OR SERVICES. ADDITIONALLY, YOU SHALL HOLD ME HARMLESS FROM ANY LOSSES SUSTAINED BY YOU OR HARM CAUSED TO YOU RELATING TO OR RESULTING IN ANY WAY FROM ANY THIRD-PARTY CONTENT OR ANY CONTACT WITH THIRD-PARTY WEBSITES.

ADVERTISERS

I ALLOW ADVERTISERS TO DISPLAY THEIR ADVERTISEMENTS AND OTHER INFORMATION IN CERTAIN AREAS OF THE SITE, SUCH AS SIDEBAR ADVERTISEMENTS OR BANNER ADVERTISEMENTS. IF YOU ARE AN ADVERTISER, YOU SHALL TAKE FULL RESPONSIBILITY FOR ANY ADVERTISEMENTS YOU PLACE ON THE SITE AND ANY SERVICES PROVIDED ON THE SITE OR PRODUCTS SOLD THROUGH THOSE ADVERTISEMENTS. FURTHER, AS AN ADVERTISER, YOU WARRANT AND REPRESENT THAT YOU POSSESS ALL RIGHTS AND AUTHORITY TO PLACE ADVERTISEMENTS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS, AND CONTRACTUAL RIGHTS. WE SIMPLY PROVIDE THE SPACE TO PLACE SUCH ADVERTISEMENTS, AND WE HAVE NO OTHER RELATIONSHIP WITH ADVERTISERS.

SITE MANAGEMENT

I RESERVE THE RIGHT, BUT NOT THE OBLIGATION, TO: (1) MONITOR THE SITE FOR VIOLATIONS OF THESE TERMS ON USE; (2) TAKE APPROPRIATE LEGAL ACTION AGAINST ANYONE WHO, IN MY SOLE DISCRETION, VIOLATES THE LAW OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, REPORTING SUCH USER TO LAW ENFORCEMENT AUTHORITIES; (3) IN MY SOLE DISCRETION WITHOUT LIMITATION, REFUSE, RESTRICT ACCESS TO, LIMIT THE AVAILABILITY OF, OR DISABLE (TO THE EXTENT TECHNOLOGICALLY FEASIBLE) ANY OF YOUR CONTRIBUTIONS OR ANY PORTION THEREOF; (4) IN MY SOLE DISCRETION AND WITHOUT LIMITATION, NOTICE, OR LIABILITY, TO REMOVE FROM THE SITE OR OTHERWISE DISABLE ALL FILES AND CONTENT THAT ARE EXCESSIVE IN SIZE OR OTHERWISE MANAGE THE SITE IN A MANNER DESIGNED TO PROTECT MY RIGHTS AND PROPERTY AND TO FACILITATE THE PROPER FUNCTIONING OF THE SITE.

TERM AND TERMINATION

THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITE. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, I RESERVE THE RIGHT TO, IN MY SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES). TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. I MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN MY SOLE DISCRETION. IF I TERMINATE OR SUSPEND YOUR ACCOUNT FOR ANY REASON, YOU ARE PROHIBITED FROM REGISTERING AND CREATING A NEW ACCOUNT UNDER YOUR NAME, A FAKE OR BORROWED NAME, OR THE NAME OF ANY THIRD PARTY, EVEN IF YOU MAY BE ACTING ON BEHALF OF THE THIRD PARTY. IN ADDITION TO TERMINATING OR SUSPENDING YOUR ACCOUNT, I RESERVE THE RIGHT TO TAKE APPROPRIATE LEGAL ACTION, INCLUDING WITHOUT LIMITATION PURSUING CIVIL, CRIMINAL, AND INJUNCTIVE REDRESS.

MODIFICATIONS AND INTERRUPTIONS

I RESERVE THE RIGHT TO CHANGE, MODIFY, OR REMOVE THE CONTENTS OF THE SITE AT ANY TIME OR FOR ANY REASON AT MY SOLE DISCRETION WITHOUT NOTICE. HOWEVER, I HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON MY SITE. I ALSO RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ALL OR PART OF THE SITE WITHOUT NOTICE AT ANY TIME. I WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF THE SITE. I CANNOT GUARANTEE THE SITE WILL BE AVAILABLE AT ALL TIMES. I MAY EXPERIENCE HARDWARE, SOFTWARE, OR OTHER PROBLEMS OR NEED TO PERFORM MAINTENANCE RELATED TO THE SITE, RESULTING IN INTERRUPTIONS, DELAYS, OR ERRORS. I RESERVE THE RIGHT TO CHANGE, REVISE, UPDATE, SUSPEND, DISCONTINUE, OR OTHERWISE MODIFY THE SITE AT ANY TIME OR FOR ANY REASON WITHOUT NOTICE TO YOU. YOU AGREE THAT WE HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE, OR INCONVENIENCE CAUSED BY YOUR INABILITY TO ACCESS OR USE THE SITE DURING ANY DOWNTIME OR DISCONTINUANCE OF THE SITE. NOTHING IN THESE TERMS OF USE WILL BE CONSTRUED TO OBLIGATE ME TO MAINTAIN AND SUPPORT THE SITE OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITH.

GOVERNING LAW

THESE TERMS SHALL BE GOVERNED BY AND DEFINED FOLLOWING THE LAWS OF THE UNITED STATES. BAE LEAF BEAUTY BLOG AND YOURSELF IRREVOCABLY CONSENT THAT THE COURTS OF THE UNITED STATES SHALL HAVE EXCLUSIVE JURISDICTION TO RESOLVE ANY DISPUTE WHICH MAY ARISE IN CONNECTION WITH THESE TERMS.

DISPUTE RESOLUTION

INFORMAL NEGOTIATIONS

TO EXPEDITE RESOLUTION AND CONTROL THE COST OF ANY DISPUTE, CONTROVERSY, OR CLAIM RELATED TO THESE TERMS OF USE (EACH A “DISPUTE’ AND COLLECTIVELY, THE “DISPUTES”) BROUGHT BY EITHER YOU OR US (INDIVIDUALLY, A “PARTY” AND COLLECTIVELY THE “PARTIES”), THE PARTIES AGREE TO FIRST ATTEMPT TO NEGOTIATE ANY DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY PROVIDED BELOW) INFORMALLY FOR A LEAST THIRTY (30) DAYS BEFORE INITIATING ARBITRATION. SUCH INFORMAL NEGOTIATIONS COMMENCE UPON WRITTEN NOTICE FROM ONE PARTY TO THE OTHER PARTY.

BINDING ARBITRATION

ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT, INCLUDING ANY QUESTION REGARDING ITS EXISTENCE, VALIDITY, OR TERMINATION, SHALL BE REFERRED TO AND FINALLY RESOLVED BY THE INTERNATIONAL COMMERCIAL ARBITRATION COURT UNDER THE EUROPEAN ARBITRATION CHAMBER (BELGIUM, BRUSSELS, AVENUE LOUISE, 146) ACCORDING TO THE RULES OF THIS ICAC, WHICH, AS A RESULT OF REFERRING TO IT, IS CONSIDERED AS THE PART OF THE CLAUSE. THE NUMBER OF ARBITRATORS SHALL BE ONE (1). THE SEAT, OR LEGAL PLACE, OF ARBITRATION, SHALL BE IN THE UNITED STATES. THE LANGUAGE OF THE PROCEEDINGS SHALL BE IN ENGLISH. THE GOVERNING LAW OF THE CONTRACT SHALL BE THE SUBSTANTIVE LAW OF THE UNITED STATES.

BINDING ARBITRATION

RESTRICTIONS

THE PARTIES AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY THE LAW, (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

BINDING ARBITRATION

EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION

THE PARTIES AGREE THAT THE FOLLOWING DISPUTES ARE NOT SUBJECT TO THE ABOVE PROVISIONS CONCERNING INFORMAL NEGOTIATIONS AND BINDING ARBITRATION: (A) ANY DISPUTES SEEKING TO ENFORCE OR PROTECT, OR CONCERNING THE VALIDITY OF, ANY OF THE INTELLECTUAL PROPERTY RIGHTS OF A PARTY; (B) ANY DISPUTE RELATED TO, OR ARISING FROM, ALLEGATIONS OF THEFT, PIRACY, INVASION OF PRIVACY, OR UNAUTHORIZED USE; AND (C) ANY CLAIM FOR INJUNCTIVE RELIEF. IF THIS PROVISION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THEN NEITHER PARTY WILL ELECT TO ARBITRATE ANY DISPUTE FALLING WITHIN THAT PORTION OF THIS PROVISION FOUND TO BE ILLEGAL OR UNENFORCEABLE AND SUCH DISPUTE SHALL BE DECIDED BY A COURT OF COMPETENT JURISDICTION WITHIN THE COURTS LISTED FOR JURISDICTION ABOVE, AND THE PARTIES AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.

CORRECTIONS

THERE MAY BE INFORMATION ON THE SITE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS, INCLUDING DESCRIPTIONS, PRICING, AVAILABILITY, AND VARIOUS OTHER INFORMATION. I RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE THE INFORMATION ON THE SITE AT ANY TIME, WITHOUT UPDATING THE INFORMATION ON THE SITE AT ANY TIME, WITHOUT PRIOR NOTICE.