INTELLECTUAL
PROPERTY RIGHTS
- Unless
otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs,
audio, video, 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 us or
licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws
of the United States, foreign jurisdictions, 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 our 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. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
THIRD-PARTY
WEBSITES AND CONTENT
- The
Site may contain (or you may be sent via the Site or the Marketplace
Offerings) 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 us, and we are 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-PartyContent
does not imply approval or endorsement thereof by us. If you decide to
leave the Site and access the 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 we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites
and you shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us 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.
PRIVACY
POLICY -
We care about data privacy and security. Please review our Privacy
Policy.
MODIFICATIONS
AND INTERRUPTIONS - We
(or I)
reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site.
We will not be liable
to you or any third party for any modification, price change,
suspension, or discontinuance of the Site or the Marketplace
Offerings.
We
(or I) may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site or
the Marketplace Offerings 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 or the Marketplace Offerings during any downtime or discontinuance
of the Site or the Marketplace Offerings. Nothing in these Terms of Use
will be construed to obligate us to maintain and support the Site or
the Marketplace Offerings or to supply any corrections, updates, or
releases in connection therewith.
GOVERNING
LAW - These
Terms of Use and your use of the Site and the Marketplace Offerings are
governed by and construed in accordance with the laws of the
State of California applicable
to agreements made and to be entirely performed within the
State of California, without
regard to its conflict of law principles.
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 at least thirty
(30) days before
initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding
Arbitration - If
the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration.
The
arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested
by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in United
States County, California.
Except as otherwise provided herein, the Parties may litigate in court
to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
CORRECTIONS -
There
may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Marketplace
Offerings, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on
the Site at any time, without prior notice.
DISCLAIMER
- Please
see the site disclaimer.
LIMITATIONS
OF LIABILITY - IN
NO EVENT WILL WE OR OUR DIRECTORS, SPONSOR(S), ADVERTISER(S),
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN
STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
- You
agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1)
your Contributions; (2)
use of the Site; (3)
breach of these Terms of Use; (4)
any breach of your representations and warranties set forth in these
Terms of Use; (5)
your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6)
any overt harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware
of it.
CONTACT
US - In
order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please write to:
AIComplaints.com
Philip Gurian
Santa Cruz, CA
United
States
postmaster@aicomplaints.com